Himachal Pradesh High Court has taken serious note of the denial of admission to the MBBS course against the vacancy arising as a result of the cancelation of admission of two students who forged their NEET Mark sheets.
The Court has ordered the National Medical Commission, New Delhi, and Atal Medical and Research Uníversity. Nerchowk, Mandi, to pay two lacs each, as compensation to the petitioner within 4 weeks for making the petitioner lose one full academic year.
A Division Bench, comprisíng Chief Justice M.S. Ramachandra Rao and Justice Ajay Monan Goel, passed this order on a petition filed by one Sanjna Thakur.
The facts of the case are that two students who were granted admission to PTJLN Government Medical College, Chamba, and IGMC Shimla respectively, had forged their NEET Mark sheet, and admission granted to them was canceled on the ground that the documents submitted by them did not match the available information on the National Medical Counsel Portal.
Thus, two Seats in the undergraduate MBBS course became vacant in IGMC, Shirnla, and in Pt JLNGMC, Charmba. The Registrar, of Atal Medical and Research University, Nerchok Mandi, wrote to the National Medical
Commission, New Delhi, on January 17, 2023, grant the necessary permission or directions to it to fil-up those two vacant seats at the earliest.
The petitioner contended that the she is next rank holder in the General Category, so. she should be given the vacant seat in the General Category which has fallen vacant in the PTJLN Government Medical College. Chamba after complaining to various authorities, including the Chief Minister of H.P., the petitioner filed the instant writ petition on 28.01.2023.
The Court was shocked to note totally callous nature and irresponsible behavior on the part of the above-mentioned respondents, as no reply was filed by the respondents in the matter of admission to the MBBS Course, for which the Academic Session had commenced in November 2022.
The court observed that the petitioner is undoubtedly meritorious and is immediately next in the merit list of the candidates prepared after the Second Round of Counseling of 2022 and is entitled to be admitted in the General Category MBBS Seat available in the PTJLN Government Medical College, Chamba.
The Court held that in the instant case, no fault is attributable to the petitioner and that she had pursued her rights and legal remedies expeditiously and without delay.
The Court has ordered to grant admission to the petitioner in PTJLN Government Medical College, Chamba in the Academic Year 2023-2024, to the MBBS Course and respondents have been directed to increase the number of seats allotted to the said College by one seat for that academic year.
The Court has directed above named respondents to pay compensation to the tune of Rupees two lacs each, and also to pay the cost of Rs. ten thousand each to the petitioner.