Redraw MBBS merit list, Himachal HC tells MMMC

Legal Correspondent

Shimla, August 2

The High Court today directed Maharishi Markandeshwar University, Solan, and Principal, Maharishi Markandeshwar Medical College (MMMC), Kumarhatti, Solan, to redraw the merit list of admissions to the MBBS course in the MMMC in respect of the mop-up round counselling held on March 25, 2022, against general category seats of the state quota.

A Division Bench comprising Justice Sabina and Justice Satyen Vaidya passed this order on a petition filed by Akiriti Sharma, who appeared in NEET (UG)- 2021-2022 for admission to the MBBS course.

The petitioner secured 456 out of 720 marks in NEET (UG). In the first round of counselling, the petitioner got admission to the BDS course in Bhojia Dental College, Nalagarh, under the state quota. In the second round of counselling, she was allotted HP Dental College, Shimla. On March 25, 2022, the MMMC held a mop-up round for admission to the vacant seats under different categories. Three state quota seats in the MBBS course were also available for general category candidates.

The petitioner applied to the MMMC for the state quota seat. Instead of admitting the petitioner, the MMMC admitted three students against the three general category seats under the state quota by upgrading them from the management quota. They got 440, 441 and 442 marks, lower than the petitioner in NEET (UG). The petitioner promptly gave a representation to the MMMC to rectify the mistake, but to no avail.

Allowing the petition, the court observed that admission of three students in the state quota general category seats in the MMMC on their upgrade from the management quota by ignoring the merit of other applicants, including the petitioner in the mop-up round, is held to be bad in law being against the conditions of prospectus.

It directed the MMMC and Atal Medical and Research University, Mandi, to redraw the merit list of admissions to the MBBS course in the MMMC and then admit the petitioner to the MBBS course in the MMMC, Kumarhatti, in case she finds a place in merit so redrawn. Passing this direction, the court observed, “This court will fail in its constitutional obligation if it finds itself unable to help a victim salvage her right merely because the last date for admission is over.”

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