Madhya Pradesh High Court
Nikita vs The State Of Madhya Pradesh on 14 October, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2024:MPHC-IND:29337
1 WP-27320-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 14th OF OCTOBER, 2024
WRIT PETITION No. 27320 of 2023
NIKITA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Nidhi Bohara - Advocate for the petitioner.
Shri Bhuwan Gautam - Govt. Advocate for respondent/State.
ORDER
Per: Justice Vivek Rusia In this petition filed under Article 226 of Constitution of India, the petitioner prayed for the following reliefs:
"(a) To allow the writ petition filed by the petitioner.
(b) To direct the respondent to cancel the notice/ order dated 7.10.2023 and may kindly by given the directions that the allotment list dated 6.10.2023 should be kept unchanged and petitioner shall be allotted the college as per the mop up round list dated 6.10.2023.
(c) All other consequential relief incidental thereto, that this Hon'ble Court deems fit in the interest of justice."
2 . The petitioner is a permanent resident of District Gwalior. She Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-10-2024 18:57:41 NEUTRAL CITATION NO. 2024:MPHC-IND:29337 2 WP-27320-2023 appeared in the NEET PG Examination 2023 and secured 491 marks out of
800. She appeared in All India NEET PG Medical Counselling conducted by Respondent No.1. In round No.1 of the counselling she was allotted Indraprastha Apollo Hospital, Sarita Vihar, New Delhi. The petitioner also participated in the M.P. State NEET PG Counselling and in the first Mop up round, she was allotted a seat of M.D. (Anesthesiology) in Mahatma Gandhi Memorial Medical College, Indore.
3 . Vide impugned notice dated 7.10.2023, the respondent has cancelled all the allotments of seats and directed for a fresh mop up round. The petitioner was allotted seat of M.D. Anesthesiology in Gandhi Medical College, Bhopal. Hence, the petitioner has approached this Court by way of this writ petition inter alia on the ground that no reasons have been assigned for cancelling the first mop up round by the respondents.
4. After notice the respondents have filed the reply by submitting that in order to do the counselling, the State Government through its counselling agency namely "the Directorate of Medical Education" calls upon all the medical educational institutions to tender the availability of seats and the seat matrix of their educational institution. The Dean, Bundelkhand Medical College, Sagar provided the seat matrix on 18/07/2023 to the Commissioner, Medical Education whereby the seats available in the state quota under the subject ENT has been 01 and the seat matrix in subject Pediatrics under the state quota has been 02.
5. In pursuance to the above mentioned regulations, the State Government has published the timeline for implementation of counselling Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-10-2024 18:57:41 NEUTRAL CITATION NO. 2024:MPHC-IND:29337 3 WP-27320-2023 process for the successful candidates. The said timeline has been published on 22/07/2023 whereby the publication of final vacancies was scheduled on 01.08/2023. Pursuant thereto, the final vacancies at state level available in the Government Medical Colleges of M.P. alongwith category wise seat distribution of the P.G. Degree vacancies (MD/MS) has been published on 02/08/2023. More so, inadvertently an error has been crept-in in respect of seats in the subject of ENT and Pediatrics. That is to say, in category wise seat distribution. the seat displayed in ENT (Otorhinolayringology) in UR category was one. Then, thereafter, while publishing the seat matrix in respect of 30 percent quota for in-service there ought not to have been a seat displayed in Medical College, Sagar for the subject ENT but erroneously, the Directorate of Medical Education has displayed 01 seat here in ST category.
6 . It is further submitted by the respondents that similarly, the display of seat matrix in the subject Pediatrics has also met with an inadvertent error by displaying 01 seat in Bundelkhand Medical College, Sagar in UR category. Whereas, 01 another available seat which ought to be displayed in Pediatrics subject under 30 percent quota for in-service in ST category in Bundelkhand Medical College, Sagar has not been displayed mistakenly.
7 . In such manner, it transpires upon scrutiny of the mistake committed that the seat of subject Pediatrics in ST category in-service quota has been erroneously displayed in ENT subject in ST category for in-service quota. It is emphasized upon at this stage that due to occurrence of this error which was not known at that stage, the chart containing the seat matrix of availability of seats in the Government Medical Colleges of M.P. has been Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-10-2024 18:57:41 NEUTRAL CITATION NO. 2024:MPHC-IND:29337 4 WP-27320-2023 published.
8 . After publication of said chart, the aforesaid error has not been pointed out by Bundelkhand Medical College, Sagar in respect of wrongly interchanged seat matrix within Bundelkhand Medical College in respect of ENT vis a vis Pediatrics. Further thereto, two rounds of counselling have also been conducted on the published seat matrix but on the basis of choice filling form submitted by the successful candidates. However, the aforementioned discrepancy has not been identified till this stage of seat filling in two rounds of counselling.
9 . After conduction of two rounds of counselling in accordance with the availability of seat matrix in each round, left over seats have been included in the mop up round and accordingly a fresh seat matrix in the mop up round has been published on the portal of Directorate of Medical Education (DME MP Online). Accordingly, the eligible candidates have participated therein and who have been allotted the seats in accordance with their merit and choice filling. The seat allotment list in mop up round came to be published on 06/10/2023.
10. It is further submitted that thereafter, Bundelkhand Medical College, Sagar vide letter dated 07/10/2023 has informed the Directorate of Medical Education about the mistake occurred in drawing the seat availability matrix wherein the same mistake as mentioned herein above in respect of two ENT seats instead of one seat as well as allotment of one Pediatric seat instead of two Pediatric seat has been pointed out for the first time to the Directorate by the concerned Medical College.
Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-10-2024 18:57:41NEUTRAL CITATION NO. 2024:MPHC-IND:29337 5 WP-27320-2023
11. Immediately upon receipt of letter dated 07/10/2023, the Directorate of Medical Education has released an important notice on 07/10/2023 (Annexure P/3) itself for the purpose of cancellation of allotment undertaken in the mop up round. It was further informed vide the same notice that due to some unavoidable circumstance, the allotment made in the mop up round are required to be cancelled and that being so, a further mop up round will be conducted and the timeline for the same was already made available on the portal of Directorate of Medical Education. It was further required from the candidates to submit their choice filling or to change the existing choice filling, hence sought dismissal of writ petition.
Heard learned counsel for the parties and perused the record.
12. In pursuant to the allotment in fresh mop up round the petitioner has taken admission in Gandhi Medical College, Bhopal and pursuing the study in relevant subject. More than one year has been elapsed and all the seats in M.D./ P.G. courses allotted up to the last round of counseling have been filled. The respondents in their return specifically stated that the last candidate who was given admission in M.D. Anesthesiology at Mahatma Gandhi Memorial Medical College, Indore secured more marks than the petitioner.
13. It is not a case where the petitioner has been allotted a seat in M.D. Anesthesiology against her choice. The petitioner gave a preference of six medical colleges. The preference No.5 was in respect of M.D. Anesthesiology in M.G.M Medical College, Indore and preference No.6 was in respect of M.D. Anesthesiology in Gandhi Medical College, Bhopal.
Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-10-2024 18:57:41NEUTRAL CITATION NO. 2024:MPHC-IND:29337 6 WP-27320-2023 Therefore, as per the marks obtained by the petitioner in last mop up round she has been allotted an M.D. Anesthesiology in Gandhi Medical College, Bhopal. Although, the reasons are not mentioned in the impugned notice dated 7.10.2023 but by way of reply the respondents have given reasons for conducting a fresh mop up round. Hence, we do not find any ground to entertain this writ petition. The petitioner has not explained as to what prejudice has been caused to her. Ever otherwise the impugned action was taken in general for all the candidates, not for petitioner alone. Hence there is no malafide on the part of the respondents.
14. Accordingly, this writ petition is dismissed.
No order as to costs.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Vatan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 15-10-2024
18:57:41