NEET-UG: Meghalaya HC Conditionally Affirms Single Judge Order Granting Relief to Candidate Who Missed Counselling Due To Spam Email
Case: North Eastern Indira Gandhi Regional Institution of Health and Medical Sciences & Anr. v. Bisakha Goenka
Coram: Chief Justice Sanjib Banerjee and Justice W. Diengdoh
Case No.: WA No. 7 of 2022
Court Observation: “In this case, when it was fairly obvious that if the writ petitioner had merely attended the e-counselling, she would have obtained the seat, and there is no reason to believe that the writ petitioner would have deliberately acted to her detriment, the window that opened up fortuitously permitted the exercise of the discretion by the writ court.”
“There was an element of discretion available to the writ court, considering the peculiar facts of this case; and, though the fundamental principle that ought to have guided the writ court was that upon a default being committed by a candidate, whatever be the circumstances, the consequences of the default must rest with the candidate, since the last placed candidate among the remaining four in this case, quite fortuitously, did not accept the seat, a window opened up for the writ petitioner which has been offered by the writ court in exercise of its discretion. In the circumstances in which the discretion has been exercised, it cannot be said to be perverse.”
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Keywords
NEET-UG, Counselling
