A candidate who has missed the first round of counselling for admissions would not get another chance, even if he or she holds a good rank. The Delhi High Court, while dismissing a plea of an OBC candidate denied admission by AIIMS, said, “The petitioner having remained absent during the first round of counselling, forfeited his right in the second round of counselling,” reserved the judgement.
Upholding the decision of AIIMS, Justice VK Jain denied any relief to the petitioner saying, “The petitioner having taken a false plea that a notification was displayed on the projector postponing the counselling for candidates who had secured rank beyond 1960, is not entitled to any discretionary relief from the court.”
Seeking a second chance in the final round of counselling scheduled for September 13, the petitioner Vishnu Kumar alleged that he was denied admission by the All India Institute of Medical Sciences (AIIMS) on grounds that he was absent in the first counselling session. Kumar, who secured a rank of 2168, alleged that a notification was put up by AIIMS on the first day of counselling that counselling for candidates with rank beyond 1960 was postponed for the second round.
Dismissing his plea, the court observed, “In my view, the request of the petitioner for permission to participate in the third round of counselling cannot be accepted at this stage as the petitioner having remained absent during the first round of counselling forfeited his right in the second round.”
Noting that giving a second chance may lead to unfair admission as there was a possibility that a person with a rank higher than that of the petitioner also missed the session, the judge said, “In case the candidates who did not participate in the first/or second counselling sessions are permitted to appear in the third round of counselling, the only available seat in OBC category must necessarily go to the candidate holding highest rank in this category.”
Vishnu, an OBC category student, had appeared in the entrance exam for admission to the MBBS course in AIIMS on June 1 and was called for the first round of counselling on July 11, specifically for the OBC category. Though he alleged that he was present but left the venue after a notification stating counselling for candidates with rank beyond 1960 was postponed, the counsel for AIIMS said his name was called out and he was absent.