NEIL JAYANT SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent, the petition is taken up for final hearing.

(2.) By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner challenges letter dtd. 18/2/2022 received from respondent no.2, rejecting the resignation of the petitioner from his M.S. Orthopaedic seat of the respondent no.3 - college and directions to the respondent no.2 to accept the resignation of the petitioner from his M.S. Orthopedic seat.

(3.) The petitioner is a M.B.B.S. from Grant Medical College, Mumbai. In September 2021, the petitioner appeared for NEETP.G. 2021 and secured all India rank 11. On 18/12/2021, the respondent no.2 issued a notice detailing 04 Rounds of counselling for the purpose of admission as directed by the Hon'ble Supreme Court of India. The respondent no.2 in January, 2022 issued an Information Bulletin with respect to NEET-PG 2021 examination. As per the Information Bulletin, Round 1 ends when the selected candidates report to the allotted medical college for their Post Graduation Program. The petitioner having secured a good rank at the All India Level, secured admission for M.S. Orthopedic with respondent no.3 - College. The respondent no.2 issued a Notice dtd. 19/1/2022 and informed that the candidates who join their seat of Round 1, and later want to resign, the same can do so till 4.00 p.m. of 3/2/2022. It was informed that after resignation, they will be considered as a part of Round 2 and the same rules would apply for them as applicable for Round 2 counselling. The petitioner took the admission and joined respondent no.3 - College from 1/2/2022.