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Consider medical student’s inclusion in PG NEET merit list: Gujarat HC to panel 20 minutes before admission deadline ends

Minor mistake of failing to upload a single document ought not to result in lifetime regret for student, says court

gujarat hcA Division Bench comprising Justice I J Vora and Justice R T Vachhani was hearing an appeal filed by Kamal Kishor, alias Raju Yadav, seeking to quash and set aside the judgment convicting him and sentencing him to life imprisonment. (File Photo)

HOLDING THAT a lacuna such as failing to upload a copy of the passbook of a sponsor “ought not to cost the career of a meritorious student”, the Gujarat High Court (HC) on Monday directed the Medical Counselling Committee (MCC) of the Directorate of General of Health Sciences to consider the application of the petitioning medical student for inclusion in the merit list of PG NEET.

In an oral order dictated just 20 minutes before the closing time of admission applications to the medical PG course, Justice Nirzar Desai of the Gujarat HC on Monday emphasised on “keeping this order as short as possible… the window for the admission is to be closed by 12 pm, after about 20 minutes…”

The student, Swara Bhatt, moved the court seeking directions to the MCC of the Directorate General of Health Sciences to include her name in the NRI list of Eligible Candidates for the PG Round 3 of 2025-26 and permit her to “take part in the counselling process”, pending the final disposal of the petition before the HC.

As per the petition before the HC, the student belongs to the “Open Merit (General Category)” and has successfully completed her undergraduate medical course on an NRI seat. The petitioner appeared in the NEET examination for admission to the PG medical course (2025), and secured an All India Rank of 180339. The oral order of the court noted the submission that while the petitioner is otherwise eligible for admission to the PG course under the NRI category, based on her PG rank, while uploading the necessary documents along with the application form for the NEET examination. The petitioner failed to upload the passbook of her aunt (sponsor), on the basis of which the case of the petitioner could have been considered under the NRI category.

The court order noted the submissions that the petitioner had, by way of an email, “sent the relevant documents to the respondents on January 30 at 8:44 pm” and said, “It is true that initially there was some lacuna on the part of the petitioner… though it is expected that a person who has already become a doctor and aspires to become a specialist would adhere to and maintain the requisite precision, and be absolutely meticulous while uploading the application form. However, such a minor mistake of failing to upload a single document ought not to result in a lifetime regret for a student like the petitioner. Therefore, by imposing suitable costs, an appropriate order can be passed by this court while exercising its writ jurisdiction under Article 226 of the Constitution of India…”

Directing the MCC to consider the case of the petitioner in the merit list, if she is otherwise found eligible, the oral order of the court states, “Though the requirement of uploading the passbook is mandatory, such a lacuna ought not to cost the career of a meritorious student, nor should a less meritorious candidate be granted admission by ignoring the claim of a more meritorious student. Therefore, the respondents are directed to consider the case of the petitioner, if she is otherwise found eligible and suitable for inclusion in the merit list of PG NEET.”

The oral order of the HC also notes that Senior Advocate Mitul Shelat appearing for the petitioner submitted that in view of the directions issued by this Court, which may save the career of the petitioner, she is “desirous of donating a sum of Rs 1,00,000 with the High Court Legal Services Committee within a period of one week from today, irrespective of whether the petitioner ultimately secures admission in NEET PG or not.”

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The HC directed the petitioner to deposit the sum with the Legal Services Committee within one week.

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

 

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