Case Note & Summary
The petitioner, Dr. Ashok Vithal Date, a scheduled tribe candidate, appeared for the common entrance test for medical post graduate courses in Maharashtra and the All India CET. Initially, he did not take admission in Maharashtra and instead secured admission in MS (Ophthalmology) at Madurai Medical College, Madurai from the All India quota on 23 June 2011. The Dean of Madurai Medical College issued a certificate on 24 June 2011 stating that the petitioner's original certificates (MBBS degree, registration, etc.) were in the safe custody of the college. Subsequently, in the second round of counselling in Maharashtra, the petitioner was entitled to a seat in MS (Surgery) based on merit. However, when asked to produce original documents, he could only show the Dean's certificate. The competent authority refused to consider his case on the ground that he could not submit all original certificates, and 30 June 2011 was the last date for admission. The petitioner approached the Bombay High Court seeking a direction to consider his case. The Court observed that the respondent authorities should have adopted a pragmatic approach and considered the certificate from the Dean as sufficient proof of the petitioner's eligibility. The Court directed the respondents to grant admission to the petitioner in the post graduate medical course for the academic year 2011-2012, subject to the petitioner producing the original certificates within a reasonable time or an affidavit explaining the delay. The petition was disposed of accordingly.
Headnote
A) Admission - Medical Post Graduate Course - Original Certificates - The petitioner, a scheduled tribe candidate, was denied admission in Maharashtra for non-production of original certificates which were in the custody of Madurai Medical College due to prior admission. The Court held that the respondent authorities should have adopted a pragmatic approach and considered the certificate from the Dean as sufficient proof, and directed admission to be granted. (Paras 1-5)
Issue of Consideration
Whether the petitioner, who had secured admission in a medical post graduate course in another state and whose original certificates were in the custody of that college, can be denied admission in Maharashtra for non-production of original certificates despite producing a certificate from the Dean of the other college.
Final Decision
The petition is allowed. The respondents are directed to grant admission to the petitioner in the post graduate medical course for the academic year 2011-2012, subject to the petitioner producing the original certificates within a reasonable time or an affidavit explaining the delay. The petition is disposed of accordingly.
Law Points
- Pragmatic approach required in admission matters
- Original certificates not mandatory if alternative proof available
- Non-production of original documents due to circumstances beyond control should not be a ground for denial
