Gujarat Restores NEET-PG Aspirant's Eligibility Who Filled Exam Form Incorrectly, Says Inadvertent Error Must Not Jeopardize Career

The Gujarat High Court granted relief to an MBBS student permitting him to participate in the NEET-PG exam, declared ineligible earlier as he had inadvertently filled up the incorrect average MBBS marks. 

The petitioner had scored 68.30% marks, which is the average of the three years of the MBBS course. However, while filling up the form for admission to NEET-PG, he had inadvertently mentioned his average MBBS marks as 67.63%. In view of the above discrepancy, and in view  Clause 2.2 and Clause 10.2 of the NEET-PG 2023 Information Bulletin— the petitioner's candidature was cancelled.

Justice Nirzar Desai in his order observed:

"When a student is seeking admission to a postgraduate medical course, such an inadvertent mathematical mistake should not prove costly to the student, and such a minor error should not be allowed to jeopardize a person's career. Therefore, since the admission process has not yet commenced and the petitioner has approached this Court before its initiation, the petitioner's case deserves to be considered sympathetically. Furthermore, there is nothing on record to indicate that the petitioner is attempting to obtain any undue advantage, as the only relief sought is the correction of the percentage of marks stated in the application form, and thereafter, participation in the admission process on that basis".

The court considered that nothing had been brought on record to indicate that the petitioner has indulged in any malpractice, attempted to suppress any information, or filed the petition with an intent to misrepresent his case. 

The court observed that the petitioner's participation in the admission process would not confer any right upon him or create any assurance that he will be able to secure admission, hence his participation is not likely to adversely affect any of the stakeholders.

"Accordingly, such a clerical and inadvertent mathematical mistake is required to be corrected, and the same is hereby directed to be corrected.The respondents are directed to permit the petitioner to correct the aggregate percentage of marks obtained in the MBBS course as 68.30 instead of 67.63, and such correction shall be given effect in all the records maintained by the respondents. The petitioner shall thereafter be permitted to participate in the admission process for the PG medical course," the court added. 

In view of the fact that the respondents shall carry out the exercise de novo in respect of the petitioner, the court directed the petitioner to pay Rs. 10,000 towards costs to respondent No. 3 National Board of Examination in Medical Sciences (NBEMS) and Rs. 15,000 to the High Court Legal Services Authority.

The petitioner argued that mistake committed is purely a mathematical error, and for such a minor mistake, the petitioner's participation in the NEET-PG admission process should not to be cancelled. The petitioner is a meritorious candidate, and there is every possibility that, if permitted to participate in the NEET-PG admission process, he may secure admission in the branch of his choice. Therefore, for such a small mathematical error, this Court may not allow the rules to ruin the career of the petitioner.

The respondent authorities contended that the student was expected to be extra vigilant while filling up the form, and once the form is filled, submitted, uploaded, and the admission process is about to commence, the applicant cannot, at this stage, seek to correct the marks. 

It was further contended that even if the petitioner is allowed to participate, at the stage of cross verification, the petitioner's actual percentage compared with the percentage stated in the application form would result in a mismatch in the software. Consequently, there is every likelihood that the petitioner would again be denied admission on the ground that the marks actually obtained in MBBS do not match the marks entered in the application form.

Allowing the petition, the court set aside the authorities order cancelling the petitioner's candidature. 

Case title: RONIL UMESHKUMAR MODI v/s STATE OF GUJARAT & ORS.

R/SPECIAL CIVIL APPLICATION NO. 15194 of 2025

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Citation : 2025 LiveLaw (Guj) 203