Case Note & Summary
The petitioner, Akhilesh Kalyan Chothe, a minor represented by his father, filed a writ petition seeking transfer from Government Medical College, Nagpur to Topiwala National Medical College (Nair Medical College), Mumbai for the MBBS course for the academic year 2024-25. The petitioner, a permanent resident of a hilly area, had secured admission under the Hilly Area (HA) Open category in CAP-1 round at Government Medical College, Nagpur. He had scored 666 marks in NEET-UG-2024 with AIR 14874. In CAP-2 round, after upgradation of another candidate, a seat under HA Open Women category became vacant at Nair Medical College. The petitioner contended that this seat should have been allotted to the next woman candidate, Ms. Samruddhi K. Deshmukh (AIR 7519), which would have then made an HA Open seat available for him. Instead, the seat was allotted to Ms. Namisha Jayant Dhake (Respondent No.6, AIR 16549) under HA Open Women category, and Ms. Deshmukh was retained under HA Open category. The petitioner argued that this violated the rules requiring exhaustion of female reservation within HA reservation before filling open category seats. The State CET Cell defended the allotment, citing clause 13(f) of the NEET-UG Information Brochure which states that seats marked for women cannot be shifted to other candidates. The petitioner also challenged the subsequent stray vacancy round allotment of a seat at Nair Medical College to Mr. Atharva Nitin Chikar (AIR 30233), alleging procedural irregularities. The Court, after hearing all parties, dismissed the petition. It held that the allotment was correctly done as per the applicable rules and the petitioner had no right to claim a particular college. The Court also found no merit in the challenge to the stray vacancy round, noting that the petitioner had not participated in it. The Court emphasized that judicial interference in admission processes is limited and should only occur in cases of clear violation of rules.
Headnote
A) Medical Admissions - Hilly Area Reservation - Seat Allotment Procedure - The petitioner, a student under HA Open category, sought transfer from Government Medical College, Nagpur to Nair Medical College, Mumbai, alleging that the seat allotment in CAP-2 round was not as per rules. The Court held that the allotment was correctly done as per the NEET-UG Information Brochure and Government Resolution, and the petitioner had no right to insist on a particular college. (Paras 1-20) B) Medical Admissions - Stray Vacancy Round - Challenge to Allotment - The petitioner challenged the allotment of a seat in the stray vacancy round to another candidate, alleging procedural irregularities. The Court held that the stray vacancy round was conducted as per the schedule and the petitioner had not participated; hence, no interference was warranted. (Paras 21-25) C) Medical Admissions - Judicial Review - Scope - The Court reiterated that in matters of medical admissions, courts should not substitute their own views for the decisions of expert bodies unless there is a clear violation of statutory rules or principles of natural justice. (Paras 26-30)
Issue of Consideration
Whether the petitioner, who already secured admission in Government Medical College, Nagpur under HA Open category, is entitled to be transferred to Nair Medical College, Mumbai by re-allotting seats among other candidates in the HA category, and whether the allotment in the stray vacancy round was illegal.
Final Decision
The Court dismissed the writ petition and the interim application, holding that the seat allotment was correctly done as per rules and the petitioner had no right to claim a particular college. No order as to costs.
Law Points
- Seat allotment in medical admissions must follow prescribed rules and cannot be altered based on individual preferences
- Hilly Area reservation category has sub-categories including Open and Open Women which are filled as per merit and category
- Stray vacancy round is a separate process and cannot be challenged after the fact
- Courts should not interfere with admission processes unless there is clear violation of rules
