Case Note & Summary
The petitioner, a Group 'A' Medical Officer in Government service, became eligible for the in-service quota for postgraduate medical courses after completing three years of service in August 2025. She appeared for the NEET-PG 2025 examination and, upon declaration of results, became eligible to participate in the third round of counselling which commenced on 5 February 2026. She submitted her preference form under the in-service quota, indicating choices for both MD/MS and DNB seats. On 13 February 2026, the State CET Cell published the selection list for DNB seats, and the petitioner was allotted a DNB Ophthalmology seat at Respondent No. 5 College, with a joining deadline of 17 February 2026. Later, on 15 February 2026, she was also allotted an MS Ophthalmology seat at another college. The petitioner elected to retain the DNB seat, completed admission formalities, and informed the other college she would not join. Although she reported to the college on 16 February 2026, she physically joined the course on 31 March 2026 after being relieved from government service on 30 March 2026. When she attempted to register on the NBEMS Online Portal for Joining and Registration (OPJR) by 9 April 2026, an error message appeared indicating allotment failure. She repeatedly approached the college but received no explanation until 16 April 2026, when the State CET Cell informed her that the college had converted the DNB seat into an MD/MS seat without informing the CET Cell, causing a discrepancy. Both the Joint Director of Health Services and the Dean of the college wrote to NBEMS requesting regularisation. The seat had remained vacant during All India counselling and no third-party rights intervened. The petitioner filed the writ petition seeking a direction to NBEMS to register her. The Court considered the submissions of the petitioner, the State, and the college, all of whom supported regularisation. The Court found that the inability to register resulted from a technical discrepancy in seat allocation for which the petitioner was not at fault, the seat was vacant, and no third-party rights were affected. It held that having validly accepted and joined the seat, the petitioner could not be deprived due to an administrative lapse. Exercising jurisdiction under Article 226 of the Constitution, the Court directed NBEMS to reopen the OPJR, enable the petitioner's registration, and regularise her admission. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226, Constitution of India - Admission to Postgraduate Medical Course - Technical Discrepancy in Seat Allocation - The Petitioner, a Government Medical Officer, was validly allotted a DNB Ophthalmology seat under the in-service quota and joined the course but could not register on the NBEMS portal due to a technical error where the seat was simultaneously reflected under the All India quota and had been converted by the college without intimation to the CET Cell. The State and college supported regularisation, and the seat remained vacant throughout. Held: The Court exercised its jurisdiction under Article 226 to direct NBEMS to reopen the Online Portal for Joining and Registration (OPJR) and regularise the Petitioner's admission as the error was administrative and the Petitioner was faultless; no third-party rights were affected. (Paras 14-17)
Issue of Consideration
Whether the Petitioner, who was validly allotted a DNB Ophthalmology seat under the in-service quota and had joined the course, is entitled to registration and regularization of her admission despite a technical discrepancy in the seat allocation and reporting mechanism on the Online Portal for Joining and Registration (OPJR).
Final Decision
The writ petition is disposed of with directions to Respondent No. 6 - NBEMS to forthwith reopen the Online Portal for Joining and Registration (OPJR) and enable the petitioner to complete registration, and upon completion, to process and treat the petitioner's admission as duly regularized. No order as to costs.
Law Points
- Exercise of jurisdiction under Article 226 of the Constitution of India to remedy injustice caused by administrative or technical lapses
- regularization of admission when candidate is faultless and seat remained vacant
- no third-party rights affected
- technical discrepancy in seat allocation process cannot defeat validly allotted and joined seat
