Jasmeen Kaur vs Union Of India And Ors

SIDDHARTH MRIDUL, J (ORAL)

The present petition has been instituted on behalf of a candidate who has secured All India 24392nd rank in the NEET UG, 2018 examination.

At the time of registration for the first round of All India Counselling, the petitioner expressed her options as ‘All India Quota’ seats, as well

as, ‘Central University Quota’ seats. The petitioner participated in the counselling process but could not be granted admission on account of her

All India merit.

It is an admitted position that the second round of All India Counselling for Central and Deemed Universities has commenced on 10th of July, 2018

and is scheduled to continue till the 11th of July, 2018. It is the submission of the petitioner that on account of the circumstance that she limited her

options at the time of applying online for registration to ‘All India Quota’ and ‘Central University Quota’, she has been precluded from

registering afresh for the second round of counselling under the category of ‘Deemed Universities’.

Learned counsel appearing on behalf of the respondent no.1 states that the portal permitting candidates to register for the second round of

counselling has since been closed on the 8th of July, 2018 and the petitioner having limited her options as afore-stated in the first round, cannot be

permitted to register afresh for the second round under the category of ‘Deemed Universities’ since that option had not been exercised by her

earlier. It is further stated that during the process of online registration, candidates are permitted one opportunity to reset their choices and the

petitioner having utilized that opportunity, cannot be permitted once again to apply for the category of ‘Deemed Universities’ as an option in the

second round of counselling.

On a specific query from the court, it emerges that although there are no rules or regulations that bar fresh registration to those who may have

exercised limited options on an earlier occasion, the process permitting a candidate, such as the petitioner, to exercise her options at this stage would

require the re-opening of the portal which would cause inconvenience and delay in the completion of the process of registration.

It is a settled legal position that construction of rules or procedure which promotes justice and prevents miscarriage has to be preferred. The rules

or procedure is the handmaid of justice and not its mistress. [Ref: Salem Advocate Bar Association, T.N. vs. Union of India, reported as (2005) 6

SCC 344.

In view of the foregoing, it is trite to state that merit cannot be defeated on technical grounds. It is an admitted position that considering the All India

rank secured by the petitioner, she may be entitled to participate successfully in the second round of counselling for admission to a medical course

conducted by the Deemed Universities.

In this view of the matter, the only course that commends itself in the interest of justice is to direct respondent no.1 to permit the petitioner to

register afresh for the ‘Deemed Universities’ category in the second round of counselling, in accordance with law.

Needless to state that, the above direction is being issued in view of the special facts and circumstances of the present case and in view of the legal

position that there is no bar for a meritorious student to be considered for admission to a medical course by all institutions who conduct such courses.

It is further clarified that the option of registering afresh shall be available to the petitioner up till closing of the business hours today, subject to the

respondent no.1 making online registration facility available to the petitioner and informing her in this behalf.

With the above directions, the writ petition is disposed of.

Dasti under signatures of the Court Master.