SURELA ZARNA NARESHBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Conscious of the settled legal position that if the rule of merit is defeated by inefficiency, inaccuracy or improper method of admission, then it can be interfered and that if the merit alone is criteria for admissions, circumvention of merit is not only impermissible but is also abuse of process of law, this court has taken up these petitions for hearing.

(2.) The facts in brief are as under:

(3.) Mr. Shalin Mehta, learned Senior Advocate appearing for the petitioners would read the proviso to the relevant regulations and submit that the proviso obliges the respondents to hold consultation for lowering the percentile upon availability of vacant seats. Such power, according to Mr. Mehta, learned Senior Advocate, is coupled with duty. He would submit that when circumstances exist i.e. when seats are going vacant, discretion ought to be exercised and a decision to lower the qualifying percentile must be taken so as to benefit the students which would not compromise the quality of medical doctors.