The plight of the petitioner is unfortunate but it cannot be helped, the Bench said.
The Supreme Court has refused the plea of a student who had obtained admission in a medical college without clearing NEET.
Rishabh Choudhary had got admission in a medical college after he cleared the examination CGMAT-2016 conducted by the college and supervised and monitored by the State of Chhattisgarh. He contended before the court that there were no allegations of impropriety and his admission should not be disturbed. There is no reason why he should be the victim of an apparent wrong committed by the college and by Chhattisgarh government, he pleaded.
Exams conducted contrary to prescribed schedule
However, unimpressed by his contentions, a bench comprising Justice Madan B. Lokur and Justice Prafulla C. Pant said the examination CGMAT-2016 was conducted by the college on 3rd April, 2016, contrary to the schedule prescribed by the Medical Council of India which the apex court had approved.
The court further observed that there was absolutely no occasion for the college to have conducted the counselling after the recall order by the Supreme Court, which in effect revived the notification issued by the Medical Council of India to the effect that NEET was the only option available for admission to the MBBS course. The college and the State of Chhattisgarh ought to have been aware of these facts, but seem to have turned a blind eye not only to the orders of this court but to the notifications issued by the Medical Council of India, the bench said.
Gambling did not succeed
“Those students like the petitioner, who did not participate in NEET and placed their trust only in the college and the State of Chhattisgarh, took a gamble and that gamble has unfortunately not succeeded. While our sympathies may be with the petitioner and similarly placed students, we cannot go contrary to the orders passed by this court from time to time only for their benefit,” observed the bench dismissing his writ petition.
Victim of circumstances
The court, however, also observed that the petitioner in this case became a victim of circumstances, giving him a cause of action to proceed against the college and the State of Chhattisgarh, being a victim of their maladministration. The court has also granted liberty to the petitioner to proceed against the college and the state seeking compensation.
Read the Judgment here.
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