MAHARISHI MARKANDESHWAR UNIVERSITY AND ANOTHER versus AKRITI SHARMA AND OTHERS

Citation: [2022] 13 S.C.R. 1113 · Decided: 19-09-2022 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Case Partly allowed

cites 4 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
1113
[2022] 13 S.C.R. 1113
1113
MAHARISHI MARKANDESHWAR UNIVERSITY AND
ANOTHER
v.
AKRITI SHARMA AND OTHERS
(Civil Appeal No. 6809 of 2022)
SEPTEMBER 19, 2022
[DR. DHANANJAYA Y CHANDRACHUD AND
HIMA KOHLI, JJ.]
Education/Educational Institution : NEET UG 2021 – After
the completion of two rounds of counseling of NEET 2021, second
respondent, University of Himachal Pradesh, issued a schedule for
conducting the mop up round for MBBS/ BDS courses – Appellant,
a private state university in Himachal Pradesh, issued an
advertisement for conducting the mop up round of counselling from
NEET qualified candidates – Second respondent forwarded to the
appellant a list of students who were eligible for admission under
the state quota, but were admitted in the management quota in the
first and second rounds of counseling along with the letter stating
that these students may be considered for being shifted to the state
quota if no students with more marks in NEET had applied in the
mop up round – Writ petition was filed by the first respondent, a
medical student, before the High Court for redrawing the merit list
for admission to the MBBS degree in the mop up round of counseling
for the general category under the state quota, which was allowed
– On appeal, held: Clause 3 of the prospectus stipulates that in a
schedule for the mop up round, eligible candidates would be entitled
to fill up fresh choices/ preferences in respect of the course, college
and quota online – Shifting for up-gradation of a course and quota
from private dental colleges to government dental colleges and vice-
versa in order of merit-cum-choices/ preferences has to be allowed
– Clause 4 of the prospectus provides that students belonging to
Himachal Pradesh who were admitted under the management quota
in private medical/dental colleges will also be converted
automatically from the management quota to the state quota in the
colleges concerned against vacant/drop out seats, if any, in order
of merit – First respondent admittedly ranked higher in merit than
the fifth, sixth, and seventh respondents, therefore, entitled to
A
B
C
D
E
F
G
H
1114
SUPREME COURT REPORTS
[2022] 13 S.C.R.
admission in terms of the provisions of clause 3 – However, the
admissions for the MBBS degree courses were concluded on 25
March 2022 –By the time the High Court decided the issue, the
admissions had already been concluded and the last prescribed
date for admission was over – The prescribed intake capacity of
the medical college of the appellants is 150 students – The
consequence of the direction of the High Court to redraw the merit
list and grant admission to the first respondent increases the intake
of the college to 151 seats but the one student who would be the
lowest in merit would have to give way for the admission which is
directed to the first respondent – As already 5 months of the first
session for the MBBS course have been completed, hence, direction
of the High Court to grant admission to the first respondent cannot
be acceded – However, compensation granted to first respondent.
Partly allowing the appeal, the Court
HELD: 1. Clause 3 of the prospectus stipulates that after
the completion of the first and second rounds of counselling, a
schedule for the mop up round shall be issued by the university
and the online counselling form would be made available.
Candidates who are eligible for participating in the mop up round
have to fill up fresh choices/ preferences in respect of the course,
college and quota online. Shifting for up-gradation of a course
and quota from private dental colleges to government dental
colleges and government/ private dental colleges to MMMC
Solan and government dental colleges/ MMMC Solan to
government medical colleges in order of merit-cum-choices/
preferences has to be allowed. The provisions of clause 3 are
abundantly clear. The first respondent admittedly ranked higher
in merit than the fifth, sixth, and seventh respondents. She was
therefore clearly entitled to admission in terms of the provisions
of clause 3. Clause 4 of the prospectus provides that students
belonging to Himachal Pradesh who were admitted under the
management quota in private medical/dental colleges will also
be converted automatically from the management quota to the
state quota in the colleges concerned against vacant/drop out
seats, if any, in order of merit. As the High Court has correctly
observed, clause 4 in its plain terms applies to vacant/drop out
seats w

Excerpt shown. Read the full judgment & AI analysis in Lexace.