Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. The Court held that the inability of a candidate to furnish documents due to reasons beyond the control of the candidate must be looked into by the authorities and the factors and circumstances leading to non-submission must be considered, however, the merit still stands on top in terms of determining the eligibility.Background The Petitioners possessing requisite eligibility appeared for NEET-UG, Examination, 2024 conducted by the Respondents. After general counselling, the Respondents informed the candidates on 23.10.2024 that there was a Stray Vacancy Round allotment process for MBBS and BDS courses. The Petitioners were called for the Document Verification stage conducted on 28.10.2024.The Petitioners submitted their Class X and XII mark-sheets, Domicile Certificate, Transfer Certificate and Caste Certificate etc in the Stray Vacancy Round. They were asked to submit an affidavit because the subject 'Biology' was not mentioned in their XI Class mark-sheets. The Petitioners attributed it to promotions from Class XI to Class XII amidst COVID-19 pandemic. They also stated that the Central and State Government had directed that it be applied to all the students of that academic year. The Petitioner submitted an affidavit on 28.10.2024 (Annexure-10) along with the bond for MBBS/BDS allotment.As per the revised Provisional Combined Merit List, the Petitioner's name was at serial no. 3647 and later in Provisional Combined Allotment list for College-allotment, her name was excluded from the list. The Petitioner mailed the Respondents on 30.10.2024 and 31.10.2024, however, no response was received. Aggrieved, the Petitioner along with others with similar grievances approached the Court.Contentions of the Parties:The Counsel for the Petitioner asserted that even though the Petitioner was a meritorious candidate, Respondents 5 and 6 were preferred excluding the Petitioner from the list. Calling it violative of Articles 14 and 21 of the Constitution of India, the Counsel referred to the Order in Yashpreet Dhruv Vs. the Chairman, National Medical Council & Ors.It was submitted that the Petitioners were given no opportunity to submit the certificate in the anticipated/prescribed format. Relying on Asha Vs. Pt. B.D. Sharma University of Health Sciences & Ors, the Counsel argued that since the Petitioner was meritorious, it should have been an exclusive criterion for allocation of seats.On the other hand, the Counsel for the Respondent stated that the Petitioners were informed well in time that it was mandatory to furnish Class XI mark-sheet along with the relevant subjects to get through the Stray Vacancy Round. Relying on additional affidavit furnished by the Chairman, Counselling Board, as per which only 878 out of a total of 920 candidates cleared the document verification stage, the Counsel stated that the Petitioners had no right vested in them for allocation of the seats in the instant Stray Vacancy Round. Moreover, 19 candidates had not even submitted the promotion certificates wherein Biology was one of their subjects in 11th Grade. The Counsel relied on the decisions in Ramkrishna Medical College Hospital & Research Centre Vs. State of Madhya Pradesh & Ors., Premsukh Vs. Union of India & Ors., and S. Krishna Sradha Vs. State of Andhra Pradesh & Ors.Findings of the Court:To begin with, the Court emphasized that the candidates with a good merit must be given the fair chance of admission. The question before the Court was as to whether the certificate submitted by the petitioner on 31.10.2024 could be considered valid and if it would make the petitioner eligible, considering that they were given very less time to furnish it. Moreover, the Petitioners were also more meritorious compared to the Respondents who were preferred over the Petitioners.The Court held the document verification/Stray Vacancy Round was conducted in haste amidst the holidays on account of Deepawali. It held to be obvious that the candidates would not have been able to obtain the required certificates from their respective schools during the holidays. The Court held that Class X and XII's mark-sheets were relevant and mandatory documents and the Petitioners had submitted these well in time. The Court held that the Petitioners were excluded in the list merely because of not being able to furnish the required mark-sheet i.e. Class XI mark-sheet with 'Biology' as one of the subjects while Respondent no. 5 and 6 being less meritorious than the petitioners were allotted with colleges of their preference. The Court observed that it was beyond the control of the Petitioners to submit the certificates being from rural areas and also owing to other issues as mentioned. It held that the Petitioners approached the Court without deferring the same. Moreover, it was held that the...

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

Syed Nazarat Fatima

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