Court directs inclusion of student in merit list after minor document submission error rectified
In a significant ruling, the Gujarat High Court has directed the Medical Counselling Committee and the Directorate General of Health Sciences to consider the case of a meritorious NEET PG aspirant who faced denial of admission due to a procedural error. The court emphasized that minor lapses in document submission should not deter a deserving candidate's career prospects.
The petitioner, Swara Kiran Bhatt, had failed to upload her sponsor's passbook while submitting her application for NEET PG admission. Despite rectifying this lapse by sending the required document via email before the deadline, her application was not considered by the respondents. Bhatt's legal counsel argued that the oversight was minor and should not impact her eligibility, especially since her exam rank was well within the required cut-off.
Justice Nirzar S. Desai, presiding over the case, acknowledged the procedural error but highlighted the necessity of balancing procedural precision with fairness in educational opportunities. The court underscored that the failure to upload a single document should not result in lifelong regret for a student who has otherwise demonstrated academic merit.
The court exercised its discretionary power under Article 226 of the Constitution of India, directing the respondents to include Bhatt in the merit list if she met all other eligibility criteria. As a measure to underscore the importance of adherence to procedural norms, the court directed Bhatt to donate Rs. 1,00,000 to the High Court Legal Services Committee, which she agreed to irrespective of the final admission outcome.
This ruling reinforces the judiciary's role in ensuring that procedural technicalities do not overshadow the broader objective of equitable access to educational opportunities, particularly for meritorious candidates.
Bottom Line:
Education - Admission to NEET PG course - Minor procedural lapses such as failure to upload a sponsor's passbook during the application process should not result in the denial of admission to a meritorious candidate if the lapse is rectified subsequently.
Statutory provision(s): Article 226 of the Constitution of India
