Monika Choudhary v. Ministry of Human Resources & Development, New Delhi
2015-04-13
PRAKASH GUPTA, SUNIL AMBWANI
body2015
DigiLaw.ai
JUDGMENT : 1. We have heard learned counsel appearing for the parties. 2. On 01.04.2015, this Court passed an order, allowing the petitioner, to be registered for admission in 50% State Quota, for admission to Post Graduate Courses in the OBC Category, in which she had stood first, and for some reason beyond her control, she could not apply for the online registration within the stipulated period. We are informed that on the same date, the registration was permitted, and that, she has been admitted to MDS (Conservative Dentistry) in RUHS College of Dental Sciences, Jaipur. She has also deposited fees, and had submitted bank guarantees and security amount. 3. On 03.04.2015, the Court permitted impleadment of Kumari Priyanka Yadav, who was registered online, for the same Course within the time stipulated in the advertisement, in default of application, Monika Choudhary, the appellant, had filed an application for online registration on 25.03.2015, four days after the online registration was closed on 21.03.2015. 4. Learned Single Judge declined to grant relief, on the ground that the brochure, notifying admissions to Post Graduate Courses, had given the required details, except the website, on which the results will be published. A direction was however given that the petitioner should watch the website of the Counseling Committee. A notification was thereafter, issued, specifically mentioning the website, and was also published in the newspaper. The appellant however, having appeared and succeeded in the All India Post Graduate Dental Entrance Examination, was found to be negligent in applying online for registration. She had applied for registration online on 25.03.2015, whereas the last date was 21.03.2015, after depositing Rs.3,000/-. 5. Learned Single Judge was of the opinion that the direction cannot be given to the petitioner, to allow registration online, beyond the scheduled time. He however, left on the non-petitioner(s) (RUHS), to consider the case of the petitioner alongwith others, if extension can be given for registration, and to take a decision with regard to permission for registration. 6. The petitioner has given the following explanation :- “11. That due to human error and bonafide mistake, appellant could not visit the official website of respondent on which the schedule for online process was published therefore she could not apply for registration for counseling rather she is the meritorious candidate and she secured 20th Rank in State-wise result of All India Post Graduate Dental Entrance Examination2015.
That due to human error and bonafide mistake, appellant could not visit the official website of respondent on which the schedule for online process was published therefore she could not apply for registration for counseling rather she is the meritorious candidate and she secured 20th Rank in State-wise result of All India Post Graduate Dental Entrance Examination2015. It is also important to mention that the appellant always visited the official website of RUHS and Medical and Health Department of Govt. of Rajasthan but the respondent did not publish any information regarding online allotment process. As soon as the appellant came to know that the online allotment process has been started by the respondent she approached the office of Chairman of Pre-PG Medical and Dental Counseling Board-2015 and submitted an application mentioning the fact that due to her illness and personal problem, she could not registered herself for counseling. It is also important to mention that not only the appellant; but there are many candidate who could not get the information for counseling from the respondents within the time because first time respondents published the schedule for counseling on the website which is not popular or known to the candidate. 12. That it is also important to mention that the appellant also submit her request to include her in the counseling for Pre-PG Medical and Dental Counselling-2015 on the official website of Chairman Pre-PG Medical and Dental Counseling Board-2015. 13. That the respondent No.4 did not pay any heed to the request of the appellant and refused to register the appellant for counseling. Appellate is a sincere and devoted candidate towards her duties and she secured 20th Rank in State-wise Merit List and appellant is every hope to get admission in the Post Graduate Dental Course.” 7. In the application, explaining the delay for registration, the appellant had stated that due to her illness and personal problems, she could not get herself registered for counseling. She had subsequently, endorsed on the application that no definite information was given in the brochure, about the website, on which the candidates were required to login for registration. They were required to watch the website continuously. 8. The appellant had secured the first position in her category in the All India Merit List for admission to Post Graduate Course in medical college in Rajasthan.
They were required to watch the website continuously. 8. The appellant had secured the first position in her category in the All India Merit List for admission to Post Graduate Course in medical college in Rajasthan. It is by way of an human error, compounded by the fact that the candidates were required to watch the website, that she could not secure online registration by the last date i.e.21.03.2015. She finally got herself registered online on 25.03.2015, with the delay of four days, but much before the date, on which the admissions were to be made. With the permission of the Court, the registration of the appellant had been accepted, and on the same day she has been admitted, after depositing the fees, bank guarantees and security amount. 9. Learned counsel appearing for respondents No.4 & 5 has left the matter at the discretion of the Court. 10. It is not denied that the appellant is more meritorious than the respondent, and that, initially she could not secure online registration, on account of some confusion with regard to website, on which the information of meritlist was published. She however, got herself registered online with the delay of four days, and that, now since she has been admitted before the last date fixed in the brochure for admissions, any interference in her admission, will cause great prejudice to her. 11. The Supreme Court has, time and again, held that the process for admission in medical courses should be fair and transparent, in which the merit should prevail. In the present case, on account of lack of positive information available on the website, the appellant despite being more meritorious, could not secure online registration. The equity however, has been served and she has been granted admission. 12. This Special Appeal is allowed. The judgment of learned Single Judge is set aside. The respondents shall not disturb the admission of the appellant in MDS (Conservative Dentistry) in RUHS College of Dental Sciences, Jaipur. The interim application is disposed of.