Case Note & Summary
The petitioner, Dr. Manish Hansraj Pandey, an MBBS graduate, sought admission to NEET-PG 2021-22 for a Post Graduate course. In the admission process conducted by Respondent No.2 (the State Counselling Authority), he was granted admission in MD (Radiology) on 30th March 2022 at Dr. V.V. Patil Memorial Hospital & Medical College. Subsequently, the State Counselling Authority issued notices dated 1st April 2022, 5th April 2022, and 7th April 2022, cancelling the State Quota Mop Up Round-1 and deeming all admissions made between 26th March 2022 and 30th March 2022 as cancelled. The petitioner challenged these notices by way of a writ petition seeking quashing of the notices and restoration of his admission. The petitioner argued that the cancellation was unjustified as it was based solely on the Supreme Court's direction to cancel the All India Quota Mop Up Round in Writ Petition (Civil) No.174 of 2022 (Anjana Chari S.N. vs. The Medical Counselling Committee), and there was no direction to cancel the State Quota Mop Up Round. The petitioner also pointed out that other states like Tamil Nadu and Chhattisgarh had proceeded with their State Mop Up Rounds despite the Supreme Court's order. The Directorate General of Health Services had issued a notice on 2nd April 2022 stating that the State Counselling Authority could take a decision at its own level. The court considered the issue of whether the State Counselling Authority could cancel the State Quota Mop Up Round-1 solely on the basis of the Supreme Court's direction regarding the All India Quota. The court held that the State Quota Mop Up Round could not be cancelled merely because the All India Quota Mop Up Round was cancelled; the State Authority must act independently and not mechanically follow directions meant for All India Quota. The court found that the impugned notices were issued without any legal justification and were irrational, and that the petitioner had a legitimate expectation that his admission would not be cancelled without independent grounds. The court quashed the impugned notices and directed Respondent No.2 to restore and/or confirm the admission granted to the petitioner in the State Quota Mop Up Round-1.
Headnote
A) Medical Admissions - NEET-PG Counselling - State Quota Mop Up Round - Cancellation - The State Counselling Authority cancelled the State Quota Mop Up Round-1 after the Supreme Court directed cancellation of the All India Quota Mop Up Round. The petitioner, who had been granted admission in MD (Radiology) on 30th March 2022, challenged the cancellation. Held that the State Quota Mop Up Round could not be cancelled merely because the All India Quota Mop Up Round was cancelled; the State Authority must act independently and not mechanically follow directions meant for All India Quota. (Paras 2-5) B) Administrative Law - Arbitrariness - Legitimate Expectation - The impugned notices dated 1st, 5th, and 7th April 2022 were issued without any legal justification and were irrational. The petitioner had a legitimate expectation that his admission would not be cancelled without independent grounds. Held that the cancellation was arbitrary and violative of principles of natural justice. (Paras 3-5) C) Medical Admissions - NEET-PG Counselling - State Quota - Independence of State Authority - The Directorate General of Health Services had clarified that the State Counselling Authority could take a decision at its own level. The State of Tamil Nadu and Chhattisgarh proceeded with their State Mop Up Rounds despite the Supreme Court's order. Held that the State Authority should have taken an independent decision rather than blindly following the All India Quota cancellation. (Paras 3-5)
Issue of Consideration
Whether the State Counselling Authority could cancel the State Quota Mop Up Round-1 of NEET-PG 2021-22 counselling solely on the basis of the Supreme Court's direction to cancel the All India Quota Mop Up Round, without any independent justification.
Final Decision
The court quashed the impugned notices dated 1st, 5th, and 7th April 2022 and directed Respondent No.2 to restore and/or confirm the admission granted to the petitioner in the State Quota Mop Up Round-1.
Law Points
- Administrative law
- Medical admissions
- NEET-PG counselling
- State quota
- Mop up round
- Cancellation of admission
- Legitimate expectation
- Arbitrariness
