NDLI: Maharishi Markandeshwar University and Another Vs. Akriti Sharma and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Education/Educational Institution
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	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 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.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 984
Petitioner	Maharishi Markandeshwar University And Another
Respondent	Akriti Sharma And Others
SCR	[2022] 13 S.C.R. 1113
Judgement Date	2022-09-19
Case Number	6809

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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