Case Note & Summary
The petitioner, Rahul Surender Sharma, a medical student who completed MBBS and cleared NEET PG, was allotted a seat for MD Radio Diagnostics at Dr. D. Y. Patil Medical College, Pune in the special stray vacancy round on 24 November 2023 on a provisional basis. The allotment letter required payment of fees by 30 November 2023, 5:00 p.m. The petitioner attempted to wire transfer USD 10,000 but failed due to a technical glitch. He then made an RTGS payment of Rs. 9 lakh on the same day and emailed the college requesting a concession due to financial constraints and an extension of the reporting time. The college did not respond and cancelled the seat. The petitioner filed a writ petition under Article 226 of the Constitution seeking a direction to the college to confirm the seat. The court considered the facts, including the petitioner's efforts to pay and the technical glitch, and held that the college should have considered the request sympathetically. The court directed the college to confirm the seat upon the petitioner paying the balance fees within one week, and the respondents to issue an admission letter accordingly. The petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Extension of Time for Fee Payment - The petitioner was allotted a seat in the special stray vacancy round but could not pay the full fees due to a technical glitch in wire transfer and financial constraints. The court held that the college should consider the petitioner's request for extension and concession sympathetically, and directed confirmation of the seat upon payment of the balance fees within one week. (Paras 1-10)
B) Medical Education - NEET PG Counselling - Special Stray Vacancy Round - Compliance with Schedule - The petitioner made part payment and sought extension, but the college cancelled the seat. The court found that the petitioner's efforts to pay and the technical glitch justified a relaxation of the deadline, and directed the college to confirm the seat. (Paras 3-10)
Issue of Consideration
Whether the petitioner is entitled to confirmation of the seat allotted in the special stray vacancy round for MD Radio Diagnostics despite failure to pay the full fees by the deadline due to a technical glitch and financial constraints.
Final Decision
The court directed Respondent No.1 to confirm the seat allotted to the petitioner for MD Radio Diagnostics upon the petitioner paying the balance fees within one week from the date of the order. The respondents were directed to issue an admission letter to the petitioner. The petition was disposed of with no order as to costs.
Law Points
- Article 226 of the Constitution of India
- NEET PG counselling
- special stray vacancy round
- fee payment deadline
- technical glitch
- extension of time
- equity
Case Details
2024 LawText (BOM) (03) 104
Writ Petition (ST) No.6698 of 2024
A. S. Chandurkar, Jitendra Jain
Ms. Yugandhara Pawar Jha with Mr. Rohit Pandey, Mr. Swapnil Wagh & Ms. Vinita Dandekar for the Petitioner; Mr. Ganesh K. Gole a/w Mr. Viraj Shelatkar for Respondent No.2 (NMC); Mr. B. V. Samant, Addl. G. P. a/w Mr. S. P. Shetye, AGP for Respondent No.4 (State); Mr. Rui Rodrigues for Respondent Nos.3 & 5
Dr. D. Y. Patil Medical College, Pune; National Medical Commission; Medical Counselling Committee; State of Maharashtra; Directorate General of Health Services
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to confirm medical seat allotment.
Remedy Sought
Direction to Respondent No.1 to confirm the seat allotted to the Petitioner for MD Radio Diagnostics in the special stray round and issue admission letter.
Filing Reason
The petitioner's seat was cancelled due to failure to pay full fees by the deadline, allegedly due to a technical glitch and financial constraints.
Issues
Whether the petitioner is entitled to confirmation of the seat allotted in the special stray vacancy round despite non-payment of full fees by the deadline.
Whether the college was justified in cancelling the seat without considering the petitioner's request for extension and concession.
Submissions/Arguments
Petitioner argued that the wire transfer failed due to a technical glitch and he made part payment via RTGS, requesting extension and concession, but the college did not respond.
Respondents argued that the petitioner failed to comply with the schedule and the seat was rightly cancelled.
Ratio Decidendi
In cases where a candidate makes bona fide efforts to pay fees but is prevented by a technical glitch, the college should sympathetically consider a request for extension of time, especially when part payment has been made and the candidate seeks concession. The court can direct confirmation of the seat under Article 226 to prevent injustice.
Judgment Excerpts
By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for following relief :- (a) That this Hon’ble Court be pleased to direct the Respondent No.1 to confirm the seat allotted to the Petitioner for MD Radio diagnostics in Dr. D. Y. Patil Medical College, Pune in the special stray round be secured by allotting admission letter to the petitioner.
On 30th November 2023, it is the contention of the Petitioner that the wire transfer of 10,000/- (US Dollars) could not be effected on account of technical glitch.
However, by RTGS he made a payment of Rs.9 lakh on 30th November 2023.
The Petitioner also requested for extension of the reporting time to resolve the matter.
However the Respondent No.1 did not entertain the said request and it appears that the seat of the Petitioner came to be cancelled.
Procedural History
The petitioner was allotted a seat on 24 November 2023. He attempted to pay fees by 30 November 2023 but faced a technical glitch. He made part payment and requested extension, but the college cancelled the seat. The petitioner then filed the present writ petition on an unspecified date, which was heard and disposed of on 5 March 2024.
Acts & Sections
- Constitution of India: Article 226
