Case Note & Summary
The petitioners, students aspiring for MBBS/BDS seats, filed writ petitions challenging the Mop-Up round conducted by the Directorate of Medical Education (DME). They alleged that the revised schedule for the Mop-Up round violated the directions of the Supreme Court. The petitioners had appeared for the NEET (UG) examination and sought a direction to set aside the Mop-Up round process and to conduct admissions as per the Supreme Court's judgment. The court examined the timeline and found that the Mop-Up round was scheduled to be completed by 31st August 2018, which was within the Supreme Court's prescribed deadline. The court noted that the DME had followed the proper procedure and that the petitioners' grievances were not substantiated. Consequently, the court dismissed both petitions, upholding the Mop-Up round as valid and in compliance with the Supreme Court's directions.
Headnote
A) Admission Law - Mop-Up Round - Compliance with Supreme Court Directions - The petitioners challenged the revised schedule for the Mop-Up round of MBBS/BDS admissions, alleging it violated the timeline set by the Supreme Court. The court examined the schedule and found that the Mop-Up round was conducted in accordance with the directions, as it was completed before the cut-off date of 31st August 2018. The court held that the process was valid and dismissed the petitions. (Paras 1-21)
Issue of Consideration
Whether the Mop-Up round conducted by the Directorate of Medical Education for MBBS/BDS admissions is in contravention of the directions of the Hon'ble Apex Court.
Final Decision
Both writ petitions are dismissed. The Mop-Up round conducted by the Directorate of Medical Education is held to be valid and in compliance with the Supreme Court's directions.
Law Points
- Admission process
- Mop-Up round
- NEET
- MBBS/BDS
- Supreme Court directions
- Schedule
- State quota
- All India quota
Case Details
Writ Petition (L) No.2728 of 2018 and Writ Petition (L) No.2735 of 2018
S.C. Dharmadhikari, Smt. Bharati H. Dangre
Mr. Amogh Singh i/b Mr. Jeet Gandhi for the petitioners, Ms. G.R. Shastri Additional Government Pleader for the State, Mr. P.H. Shingare Director, DMER present
Parth Pramod Shinde and Nikhil Prashant Raut
Directorate of Medical Education and others
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Nature of Litigation
Writ petitions challenging the Mop-Up round of MBBS/BDS admissions.
Remedy Sought
Petitioners sought to set aside the revised schedule for the Mop-Up round and to direct the respondents to conduct admissions as per the Supreme Court's judgment.
Filing Reason
Petitioners alleged that the Mop-Up round was conducted in contravention of the directions of the Hon'ble Apex Court.
Issues
Whether the Mop-Up round conducted by the Directorate of Medical Education violates the Supreme Court's directions.
Submissions/Arguments
Petitioners argued that the revised schedule for the Mop-Up round was contrary to the Supreme Court's directions.
Respondents contended that the Mop-Up round was conducted in compliance with the Supreme Court's timeline.
Ratio Decidendi
The Mop-Up round for MBBS/BDS admissions was conducted within the timeline prescribed by the Supreme Court, i.e., before 31st August 2018, and therefore, the process is valid and not in contravention of any directions.
Judgment Excerpts
The two Writ Petitions are filed by the students who are aspirant of securing a seat in the MBBS/BDS course and are aggrieved by the manner of conduct of 'MopUp' round conducted by the respondent no.1 and seek a direction to set aside the process of the revised schedule for MBBS/BDS course insofar as it relates to the said 'MopUp' round, since the petitioners allege that it is being conducted in contravention to the directions of the Hon'ble Apex Court.
Procedural History
The petitions were filed on an unspecified date and heard by the Bombay High Court on 16th August 2018, resulting in dismissal.
