While addressing the present petition, Justice Pratibha M. Singh, issued directions regarding the DU MBBS counseling process at the time of admission into Medical Postgraduate.
A qualified doctor had filed the petition hoping to reserve his admission at the Maulana Azad Medical College for MD in Pathology.
The petitioner belongs to the EWS (Economically Weaker Section) and has an EWS certificate from the Kerala state government. On January 5, 2020, the petitioner had appeared for the NEET PG examinations.
The petitioner had to register himself, after the results as a procedural step, for counseling for various quotas where he applied for the All India Quota, Delhi University Quota, and the Central Inst. Quota.
A seat for MD (Pathology) was obtained by the petitioner in MAMC. He was informed by the college staff in the evening, after the completion of the admission process, that he had been allotted a seat under Delhi University Quota, wrongfully. Therefore, his admission was not confirmed.
No clarity was received by him on the said decision and therefore, the current petition had to be filed by him.
On the perusal of the facts and averments of the present matter, the Bench observed that there was no doubt about the fact that the petitioner should have been conscious of his eligibility under the Delhi University Quota.
The eligibility criteria for each of the institutional quotas are already set prior to the registration for counseling.
In order to avail of a PG seat under the Delhi University Quota, the Court observed that the candidate must have a degree of DU MBBS.
Clearly, the petitioner is not qualified from the Delhi University Quota since he does not hold a degree of DU MBBS and he was eligible only for the PG seats under the State Quota for Kerala and the All India Quota depending upon his rank.
The court opines, in view of the above-stated position, that the eligibility for being considered in DU Quota is not satisfied by the petitioner and therefore the relief that he is seeking from the court is not tenable.
The court also said that this confusion would have been avoided if there were proper checks during the different levels of the counseling process.
While being empathetic with the petitioner, the Court said that the position in which the petitioner is currently, the court cannot direct the confirmation of his admission to MAMC under the Delhi University Quota.
The State of Kerala has been directed by the Bench to allot any unoccupied seat to the petitioner in a PG medical course so that he can take admission before August 31, 2020.
The Court has passed the following directions to avoid such situations in the future:
• There shall be a specific field, at the time of registration for counseling, where the candidates would be required to fill up the details of the University and College from where they have completed their MBBS course.
• The system should be designed in such a manner, that upon the said field being incorporated, that the candidates would be made available only those quotas for which they are eligible.
• Prior to the allotment of the seats, after registration, cross-verification of the data submitted by the candidates with the data available with the MCC should be done so that no wrong allotment is done.
The present petition was disposed of in the above-mentioned view.