MISS TAZEEN INAMDAR Vs. CHAIRMAN

JUDGEMENT

(1.) Petitioner after online counseling in MOPUP rounds had been allotted a MBBS seat in All India Quota under Person With Disability vide Provisional Letter dtd. 22/3/2022, on the basis of Disability Certificate which mentions 40% disability without aid. She submitted all the requisite documents on 24/3/2022 and paid the prescribed fee a day after. After admission formalities, she joined the 2nd respondent-Institute and started attending the academic session with effect from 28/3/2022.

(2.) On 28/3/2022 the Nodal Officer of the institution informed cancellation of her admission, disregarding her request for reconsideration of candidature inasmuch as the UG counseling-2021 was extended by the 1st respondent till 31/3/2022 05.00 p.m. To facilitate such consideration, she went all the way to Goa and procured the certificate of disability at the hands of designated Goa Medical College on 31/3/2022 at around 05.00 p.m. and sent the soft copy of the same both through Whatsapp & email addressed to the Nodal Officer of 2nd respondent- Institute on the very same day. However, by the time these messages were looked into by the Officer, the cut-off time i.e.,05.00 p.m. was already over and the medical seat in question was allotted to the 3rd respondent. Therefore, the agonized petitioner is grieving before the Writ Court.

(3.) After service of notice, the official respondents having entered appearance through their learned advocates resisted the petition making submission in justification of cancellation of petitioner's candidature and denial of re-consideration thereof mainly on the ground that the petitioner had missed the bus, the seat having been allotted to 3rd respondent.