Delhi HC orders doctor be given admission in medicine course as per merit
A doctor who was given admission inadvertently in a medical course she did not apply for, is to be granted a seat in MD General Medicine course at Rohtak Medical college on merit, the Delhi High Court has ordered. It said the woman should not be made to suffer on account of a bona fide human or computer error, especially when no prejudice is caused to any other candidates in the sense that she is getting what she is entitled to as per her rank in the examination.
The petitioner, Duddugunta Vishnu Priya, had secured rank 553 in All India Quota in NEET PG 2020-21 and was wrongly allotted MD Microbiology seat instead of the opted course of MD General Medicine.
Justice Jayant Nath noted that a seat has been retained by the Directorate General of Health Services, which comes under the central government, in MD General Medicine course at Rohtak Medical College on account of the high court’s earlier interim order.
“I may note that the petitioner is entitled to this seat as per her rank of the merit list,” the judge said.
“Keeping in account the fact that it is an inadvertent and bona fide mistake and also the fact that the petitioner has a rank of 553 and is entitled to be admitted to the course, which is now available, namely, MD General Medicine at Rohtak Medical College on merit, it would be in the interest of justice that respondent No. 1 (Directorate General of Health Services) may grant the said seat to the petitioner. It is ordered accordingly,” the court said in its July 3 order.
The counsel for the authorities stated that the woman can forthwith complete the formalities as the seat is readily available and they will comply with the normal procedure while granting admission to her in Pt. B.D. Sharma, Medical College, Rohtak.
Advocate Naushad Ahmed Khan, appearing for Priya, said in the first round of counselling, she was allotted provisional allotment for All India Quota in general category with Grant Medical College at Mumbai in MD General Medicine course.
She had also deposited online fees of Rs 1.12 lakh for admission to the course.
However, to upgrade her seat and for opting a better college, she participated in the second round of counselling on June 11 and opted for 8 institutions for a common department, MD General Medicine.
On June 15, she received a provisional allotment letter in round-II and was shocked to know that she had been allotted University College of Medical Sciences with the MD Microbiology course in general category instead of MD General Medicine.
Khan contended that the woman has never opted for MD Microbiology in round I or II and there seemed to be an inadvertent mistake or technical glitch due to which in the second round, her choice at serial no, 3 was wrongly noted as University College of Medical Sciences course MD Microbiology.
The counsel stressed that given the rank of the woman in the exam, that is 553, she would be eligible in the normal course to admission in University College of Medical Sciences in MD General Medicine and she had also protested to the authorities after getting the provisional allotment letter for MD Microbiology course.
Directorate General of Health Services, in its affidavit, said the petitioner had filled a total of 9 choices during round-II of choice filling and as per her choice adopted for MD Microbiology in University College of Medicinal Science, New Delhi at option no. 3, she was allotted the same by the computer generated process the seat.
