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Himachal Pradesh High Court has taken serious note of the denial of admission to the MBBS course, against the vacancy arising as a result of the cancelation of the admission of two students who forged their NEET Mark sheet.
The court has ordered the National Medical Commission, New Delhi, and Atal Medical and Research University, Nerchowk, Mandi, to pay Rs two lakh each, as compensation to the petitioner, within four weeks for making the petitioner lose one full academic year.
A Division Bench, comprising Chief Justice M S Ramachandra Rao and Justice Ajay Mohan Goel, passed this order on a petition filed by one Sanjna Thakur.
The two students, who were granted admission to Pt, Jawahar Lal Nehru LN Government Medical College (JLNGMC), Chamba and IGMC Shimla respectively, had their NEET mark sheets forged and admission granted to them was canceled on the ground that the documents submitted by them did not match the available information on the National Medical Counsel Portal.
Thus, two seats in the Undergraduate MBBS course became vacant in IGMC, Shimla, and in Pt. JLNGMC, Chamba. The Registrar, Atal Medical and Research University, Nerchowk Mandi, wrote to the National Medical Commission, New Delhi, on January 17, to grant the necessary permission or directions to it to fill up those two vacant seats at the earliest.
The petitioner contended that the she is next rank holder in the General Category, so, she should be given the vacant seat in the General Category, which has fallen vacant in the PTJLN Government Medical College, Chamba.
After complaining to various authorities, including the Himachal Pradesh Chief Minister, the petitioner filed the instant writ petition on January 28, 2023.
The Court was shocked to note totally callous nature and irresponsible behavior on the part of the above-mentioned respondents, as no reply was filed by the respondents in the matter of admission to the MBBS Course, for which the Academic Session had commenced in November 2022.
The court observed that the petitioner is undoubtedly meritorious and is immediately next in the merit list of the candidates prepared after the Second Round of Counseling of 2022 and is entitled to be admitted in the General Category MBBS Seat available in the PTJLN Government Medical College, Chamba.
The Court held that in the instant case, no fault is attributable to the petitioner and that she had pursued her rights and legal remedies expeditiously and without delay.
The Court has ordered to grant admission to the petitioner in PTJLN Government Medical College, Chamba in the Academic Year 2023-2024, to the MBBS Course and the respondents have been directed to increase the number of seats allotted to the said College by one seat for that academic year.
The Court has directed above named respondents to pay compensation to the tune of Rs two lakh each, and also to pay the cost of Rs. 10,000 each to the petitioner.