Case Note & Summary
The petitioner, Ms. Shaikh Afreen Nooruddin, a student, filed a writ petition seeking regularization of her admission to the MDS (Master of Dental Surgery) course in Periodontology at Late Shri Yashwantrao Chavan Memorial Medical and Rural Development Foundation's Dental College and Hospital, Ahmednagar. She had appeared for the NEET MDS examination and participated in the centralized admission process (CAP) conducted by the State Common Entrance Test Cell. Due to a technical glitch in the CAP process, she was not allotted a seat despite having the requisite merit. The petitioner approached the Admission Regulatory Authority and the CET Cell, but her requests were not considered. She then filed the present writ petition seeking a writ of mandamus to direct the respondents to regularize her admission under Clause 8.3 of the Information Brochure for MDS NEET, which provides for regularization in exceptional circumstances. The court, after hearing the parties, found that the petitioner was genuinely affected by a technical glitch and that her case fell within the ambit of Clause 8.3. The court directed the respondents to regularize her admission, issue her a hall ticket, and permit her to appear for the MDS Part One examinations. The court also directed the university to declare her results. The judgment was delivered by a division bench of the Bombay High Court at Aurangabad on 19 August 2023.
Headnote
A) Admission Law - Regularization of Admission - Technical Glitch in CAP Process - Clause 8.3 of Information Brochure for MDS NEET - The petitioner, a student, was not allotted a seat in the MDS course due to a technical glitch in the centralized admission process (CAP). The court held that the petitioner's admission could be regularized under Clause 8.3 of the Information Brochure, which allows regularization in exceptional circumstances. The court directed the respondents to regularize the petitioner's admission and permit her to appear for examinations. (Paras 1-10)
Issue of Consideration
Whether the petitioner's admission to MDS course can be regularized under Clause 8.3 of the Information Brochure for MDS NEET when she was not allotted a seat due to a technical glitch in the CAP process.
Final Decision
The court allowed the writ petition, directing the respondents to regularize the petitioner's admission in the MDS course under Clause 8.3 of the Information Brochure for MDS NEET, issue a hall ticket to the petitioner to appear for the MDS Part One - Periodontology examinations, and declare her results.
Law Points
- Regularization of admission
- Technical glitch in CAP process
- Clause 8.3 of Information Brochure
- MDS NEET
- Admission Regulatory Authority
- State Common Entrance Test Cell
