NEET-UG 2021 | No Vested Right In Favour Of Candidates Erroneously Declared Successful Due To Technical Glitch: Delhi High Court

While refusing relief to three candidates in connection with NEET-UG examination 2021, the Delhi High Court observed that there is no right which stands vested in their favour as they had been erroneously declared "successful" due to a technological glitch.

Justice Sanjeev Narula observed thus:

"Therefore, the question that arises for consideration is whether a right stood vested in favour of the Petitioners, who were erroneously declared to be successful candidates on account of a technological glitch. The answer to this question has to be in negative, as no candidate can be permitted to take benefit of an inadvertent error."

The Court was dealing with the pleas filed by three candidates who had applied for admission in Bachelor of Dental Surgery course in Jamia Milia Islamia University.

Admittedly, all the Petitioners were declared to be successful candidates in the first round of counselling and were selected for admission in the said college and an allotment letter was also issued to all of them.

Accordingly, the Petitioners duly completed the admission process by submitting the academic fee. However, a notice dated 16th March, 2022 was issued by the Medical Counselling Committee for JMI declaring the admissions made in Round 1 and Round 2 of UG 2021 counselling as null and void on account of technical glitch in their system.

Pursuant thereto, the college also set aside the admissions made erroneously vide notice dated 17th March, 2022. The pleas therefore sought setting aside of the two notices and also sought a direction to lock their seats in the BDS course allotted to them vide provisional allotment letters till the pendency of the case.

Dismissing the pleas, the Court was of the view that there was a genuine technical glitch resulting in erroneous allocation of the seats, of which the Petitioners were beneficiaries.

The Court observed that the impugned notice did not take away any vested right or substantive rights of the Petitioners and that it was merely a step taken to correct an error whereby, an unwarranted advantage had accrued in their favour. It was added that the same did not amount to deprivation of a vested or substantive right of the petitioners.

"Although the Court acknowledges that this may be an unfortunate and harsh situation for Petitioners, whose hopes were unfairly raised by the allocation in the first round, nevertheless, it shall decide the matter in light of the undisputed and established facts before it," the Court said.

The Court noted that the cancellation of the seats allotted to the Petitioners was a rectification measure, and there was no violation of merit or admission standards.

"Petitioners being candidates of lower merit, are not entitled to a seat in BDS course in Respondent No. 1 college that was inadvertently allotted to them in the first round," the Court added.

Accordingly, the pleas were dismissed.

Case Title: HUDA ANSARI & ANR. v. JAMIA MILLIA ISLAMIA & ANR.

Citation: 2022 LiveLaw (Del) 624

Click Here To Read Order