NISHA MAGANBHAI MIYATRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed praying for the following reliefs:-

(2.) The brief facts leading to the filing of the present writ petition are as follows:

(3.) Learned senior counsel Mr. Y.N. Ravani appearing for the petitioner submitted that the petitioner is a meritorious student and had secured admission in the 1 st round itself in the State quota as well as in the All India quota in the stream of M.S. (Obstetrics & Gynecology). It was submitted that the petitioner duly confirmed her admission and started studying in the course of M.S. (Obstetrics & Gynecology) with the respondent No.4 college from 1/2/2022. He further submitted that the admission process for the round 3rd started on 30/4/2022 and ended on 5/5/2022. He submits that if a student is allotted a seat in the upgraded course, then the candidate has to resign from the earlier seat secured by her. In the present case also, after the petitioner was provisionally allotted the upgraded seat of M.D. (Paediatrics) in the respondent No.3 college, she had resigned from her admission to the course of M.S. (Obstetrics & Gynecology) at respondent No.4 college. He submits that the petitioner had duly followed the guidelines issued by the respondent No.2 Admission Committee even while securing admission in the 1st round and had also followed the procedure as indicated during the 3rd round of admission. He submitted that the petitioner had duly taken appointment with the Help Center on 30/4/2022 itself when the list of successful candidates being allotted the upgraded course was published by the respondent No.2 Admission Committee. She had paid the requisite fees at the Help Center for the generation of the admission order and also submitted all necessary documents at the Help Center. However, due to lapse of the officers at the Help Center, there was no generation of the admission order confirming the admission in favour of the petitioner by the Help Center authorities and the petitioner was never handed over the requisite admission order which was required to be mandatorily issued by the Help Center to the successful candidate. The petitioner was informed that the petitioner should now directly report to the concerned college on or before 5/5/2022 where she had secured the upgraded seat after completing all the procedure in the previous course in which she was studying. In terms of the instructions by the Help Center and the Nodal Officer there, the petitioner reported to the new college on 5/5/2022 for document verification as well as for payment of remaining part of fees. The respondent No.3 college accepted all documents and also accepted the remaining fees. The respondent No.3 college while verifying the documents did not inform the petitioner that there was no admission order duly stamped by the Nodal Officer in the documents so submitted by her. The concerned college also failed in its duty to properly verify the documents and to intimate the lack of necessary documents to the petitioner. Learned counsel for the petitioner would submit that the respondents miserably failed in their duties of helping the candidate who had successfully secured an admission in M.D. (Paediatrics) thereby resulting in loss of admission secured in round 1st as well as to the upgraded seat allotted in round 3rd.