MANISH HANSRAJ PANDEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner, an MBBS graduate seeks admission to NEET-PG 2021-22 for pursuing a Post Graduate Course. In the admission process conducted by the Respondent no.2, the petitioner was granted admission in the MD (Radiology) course on 30/3/2022 at Dr.V.V.Patil Memorial Hospital and Medical College. He has filed the present writ petition challenging the notices dtd. 1/4/2022, 5/4/2022 and 7/4/2022 as a result of which the State Quota Mop Up Round-1 has been cancelled and the admission/allotment done in the Mop up Round-1 of State PG counselling between 26/3/2022 to 30/3/2022 is deemed to be cancelled. Prayers (a) and (b) in the writ petition read as under:-

(3.) The learned Counsel for the Petitioner submitted that the Petitioner having obtained admission in the course of MD (Radiology) in the Mop Up Round - 1 of the State quota, it was not open for the respondent no.2 to have issued the impugned notices and cancelled the State Quota Mop Up Round-1. As a result of such cancellation, the petitioner has forfeited his admission which was granted on 30/3/2022. It was submitted there was no justification on the part of the Respondent no.2 in cancelling the State Quota Mop Up Round-1 merely because the Hon'ble Supreme Court had directed cancellation of the All India Quota Mop Up Round of counselling. There was no direction issued by the Hon'ble Supreme Court in the various orders passed by it to cancel the State Quota Mop Up Round-1 in Writ Petition (Civil) No.174 of 2022 (Anjana Chari S.N. vs. The Medical Counselling Committee). Inviting the attention to the course followed by the State of Tamil Nadu and Chhattisgarh in proceeding with the State Mop Up Round in their respective States it was submitted that the impugned notices were issued in an irrational manner without there being any legal justification for such cancellation. Reference was also made to the notice dtd. 2/4/2022 issued on behalf of the Directorate General of Health Services in which it was expressed that the State Counselling Authority could take a decision at its own level in the light of the directions issued by the Hon'ble Supreme Court on 31/3/2022. By referring to the additional affidavits filed by the Petitioner, it was sought to be demonstrated that the further process of admission was sought to be hastily completed causing prejudice to the Petitioner. It was thus submitted that by setting aside the impugned notices dtd. 1/4/2022, 5/4/2022 and 7/4/2022, the admission granted to the petitioner on 30/3/2022 be restored.