Madhya Pradesh High Court Issues Notice To NBEMS After NEET PG Aspirant's Admission Revoked Citing ‘Error In Vacancy Chart’

Madhya Pradesh High Court has issued notice to respondent authorities including the National Board of Examination in Medical Sciences (NBEMS) in a writ petition filed against cancellation of seat allotment of a NEET PG aspirant on the ground that ‘admission was done on excess seat’.

The Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra has issued notice to Bundelkhand Medical College as well in the said matter, returnable in two weeks.

The writ petition challenges the order of cancellation of petitioner-doctor’s admission to the course of M.S. in Oto-Rhino-Laryngology (ENT) at Bundelkhand Medical College. The petitioner was allotted a seat in the second Mop up round conducted on 29.09.2023 after clearing NEET PG and after duly qualifying for counselling. He submitted that the admission to the seat reserved for Scheduled Caste candidates was revoked after the completion of all due process and payment of Rs 2 lakhs as fees. While rejecting the admission by an order dated 08.10.2023, MP's Director of Medical Education allegedly cited the reason that there was an error that crept into the admission process due to ‘an error in the vacancy chart’.

The said order has been assailed in the writ petition stating that the admission cancellation has ‘snatched the valuable right of the petitioner’ to avail education as a postgraduate student. An error on the part of the respondent authorities will not be a justification for compromising the career aspirations of the deserving candidate, it was submitted by the petitioner. It has also been mentioned in the petition that several other candidates who secured a lower rank than the petitioner have been admitted in various colleges for post-graduation.

When the respondents have already admitted an apparent error that has occurred from their side, the admission of all other candidates with lower ranks ought to have been cancelled, the petitioner’s counsel urged the court. The same can only be regarded as an infringement of his right to equality, the counsel for the petitioner further argued. Holding him eligible for the subsequent Mop up round after cancelling the already granted admission has placed him at the bottom of eligible students, the petitioner’s counsel added.

In the writ petition, the petitioner has sought a direction permitting the petitioner to continue the post-graduation in MS (ENT) in Bundhelkhand Medical College. The writ petitioner has also sought interim relief in terms of staying the admission granted to all those candidates who have secured a lower rank than the petitioner. On the alternative, the petitioner may be permitted to pursue the course in any other medical college in the State of Madhya Pradesh, it is prayed.

Advocate Abhishek Singh appeared for the petitioner doctor.

Case Title: Dr. Siddhant Brahane v. National Board of Examination in Medical Science & Ors

Case No: WP No. 26489/2023

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