NEET-UG: Meghalaya High Court Grants Relief To Candidate Who Missed Counselling Due To Delivery Of Email In Spam Folder

"In this age of technology and in the prevalent COVID situation, a lot of such lapses have occurred especially when it concerns matters like these which involves communication through digital platforms. It is undisputed that the petitioner as per the merit list for the second counselling was placed at No. 4, and as such was assured of a seat for the MBBS Course, had she attended the counselling as scheduled, but however, due to the situation that had prevented her from appearing for the e-counselling, she is at risk of being deprived of a seat to pursue the MBBS Course."

Brief Facts:

The petitioner herein is an aspirant for admission into the MBBS Course at the North Eastern Indira Gandhi Regional Institute of Health and Medical Science (NEIGRIHMS). After qualifying in the NEET examination, she was invited for the second e-counselling for admission into MBBS Course for the Session 2021-2022, vide notice dated 01.03.2022. She was also informed that the counselling would be on a virtual platform, which was to be held on 07.03.2022 to fill up 4(four) vacant seats.

Contention/Submission:

The petitioner submitted that though the link details for joining the video conference had been communicated by the respondents, the same landed in her spam mail, and she was not aware that she had received the link for the e-counselling, as the same did not appear either on her registered email ID or mobile number. Hence, she could not be present on the date and time, when the said e-counselling was held.

Court's Observation:

The Court held that in the normal circumstances, nothing would have prevented the writ petitioner from tendering her candidature for the said seat, the instant matter being peculiarly situated deserves consideration on a different footing.

The Court accordingly directed the respondents to facilitate counselling for the petitioner via physical mode or otherwise within 1(one) week, with prior notice to her. The respondents were also directed to take into consideration the merit of the petitioner and complete the process of selection for the fourth seat expeditiously taking into consideration the fact that the session has already commenced. The Court clarified that the candidate should fulfil all the criteria as prescribed, to be allotted the said seat.

Case Title: Miss Bisakha Geonka v. North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences & Anr.

Case No.: WP(C) No. 79 of 2022

Judgment Dated: 15 March 2022

Coram: Justice H. S. Thangkhiew

Counsel for the Petitioner: Mr. H.L. Shangreiso, Sr. Advocate with Ms. P. Biswakarma, Advocate

Counsel for the Respondent: Dr. N. Mozika, Sr. Advocate with Ms. S. Rumthao, Advocate

Citation: 2022 LiveLaw (Meg) 8