VASKAR SHIL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner had applied for a PG course of MD (Homeopathy) in the North Eastern Institute of Ayurveda and Homeopathy (NEIAH), and was placed at Sl. No. 1, in the merit list. As per the instructions which had been issued by the respondent No. 3, the reporting date and time for admission was fixed on 2/12/2025 at 10:00 A.M, at the Seminar Hall of the said Institute.

(2.) The case of the petitioner is that due to the fact that he reached the venue a few minutes late due unavoidable circumstances, his candidature was rejected, and though a representation was immediately made to the Director, the same has not been addressed which has compelled him to approach this Court by way of the instant writ application.

(3.) When the matter was taken up on 9/12/2025, Dr. N. Mozika, learned DSGI for the respondents Nos. 1, 3 to 5, submitted that the instructions being clear with regard to the reporting time for counselling, and the same also having provided that should the candidate be absent, the same would go to the next candidate in the merit list, there is no scope for consideration, that too, coupled with the fact that only 2(two) seats have been sanctioned by the Council, which also carries a stipend of Rs.75,000.00(Rupees Seventy-Five Thousand) only. He has also submitted that the seat had already been offered and since filled up by the next candidate in the merit list. This Court considering the fact that the delay was marginal, had then enquired from the respondent No. 3, as to whether a supernumerary seat could be created to accommodate the petitioner, and also whether the petitioner is willing to forego the stipend.