Case Note & Summary
The petitioner, Prachi Sunil Kurkute, a student who appeared for the XIIth standard CBSE examination and secured a percentile score of 47.46, participated in the Centralized Admission Process (CAP) for admission to the B.A.M.S. course. She was selected on merit and given provisional admission on 26th October 2017 to BSPM's Dhanwantari Ayurvedic Mahavidyalaya, Udgir. She reported to the college on the same day but did not submit the retention form. The admission date was extended to 8th November 2017 for government, government-aided, and non-aided colleges. However, respondent no.6 (the college) cancelled her admission on the ground that she had not submitted the retention form. The petitioner filed a writ petition seeking a mandamus to direct respondent no.6 to give her admission to the first year B.A.M.S. course as per the merit list. The court considered the issue of whether the petitioner's admission could be cancelled for non-submission of the retention form when she had reported to the college within the extended time and was selected on merit. The court held that since the petitioner had reported to the college within the extended time and was selected on merit, her admission could not be cancelled for non-submission of the retention form. The court directed respondent no.6 to give admission to the petitioner to the first year B.A.M.S. course for the academic year 2017-2018, subject to the petitioner complying with all other formalities within two weeks. The writ petition was allowed in those terms.
Headnote
A) Education Law - Admission to B.A.M.S. Course - Retention Form - Petitioner selected on merit in CAP round and given provisional admission on 26.10.2017 - She reported to college but did not submit retention form - Admission date extended to 08.11.2017 - College cancelled admission for non-submission of retention form - Held that since petitioner reported to college within extended time and was selected on merit, her admission cannot be cancelled for non-submission of retention form - Direction to give admission (Paras 1-8).
Issue of Consideration
Whether the petitioner's admission to B.A.M.S. course can be cancelled for non-submission of retention form when she had reported to the college within the extended time and was selected on merit.
Final Decision
The writ petition is allowed. Respondent no.6 is directed to give admission to the petitioner to the first year B.A.M.S. course for the academic year 2017-2018, subject to the petitioner complying with all other formalities within two weeks. Rule is made absolute accordingly.
Law Points
- Admission cannot be cancelled for non-submission of retention form if candidate reported to college within extended time
- merit list selection
- provisional admission
- retention form
- B.A.M.S. course
- Centralized Admission Process (CAP)
- Maharashtra University of Health Sciences Act
- 1998
