[Cites 1, Cited by 0]
Gujarat High Court
Aryan Pareshbhai Desai vs State Of Gujarat on 28 November, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16249 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
=====================================================
Approved for Reporting Yes No
Yes
=====================================================
ARYAN PARESHBHAI DESAI
Versus
STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR NIKUL K SONI(5122) for the Petitioner(s) No. 1
MR ADITYA DAVDA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 3
MR. KM ANTANI(6547) for the Respondent(s) No. 2
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 28/11/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Nikul Soni appearing
for the petitioner; learned Assistant Government
Pleader Mr. Aditya Davda appearing for respondent
No.1 - State; learned Additional Advocate General Ms.
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
Manisha Luvkumar Shah appearing with learned
Assistant Government Pleader Mr. Kanva Antani for
respondent No.2; and learned advocate Mr. Ankit Shah
appearing for respondent No.3.
2. With the consent of the learned counsels
appearing for the respective parties, the matter is
taken up for final hearing. Hence, Rule. Learned
counsels waive service of Rule on behalf of the
respective respondents.
3. By way of this petition, the petitioner has
challenged the action of the respondents--more
particularly respondent No.2 in declaring the
petitioner as non-eligible for NEET-PG 2025, and has
prayed that the petitioner's aggregate percentage, as
reflected in the original university mark sheet, be
considered for all counselling and tie-breaking
purposes. The petitioner has also prayed for
permission to participate in the ongoing NEET-PG 2025
State counselling process.
4. It is the case of the petitioner that he has
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
completed MBBS and is now seeking admission to a
postgraduate course by participating in the NEET-PG
2025 admission process. The petitioner has secured
60.53% marks, which is the average of the three years
of the MBBS course. However, while filling up the
form for admission to NEET-PG, instead of entering
60.53%, the petitioner inadvertently mentioned his
average MBBS marks as 60.02%. In view of the above
discrepancy, and in view of the guidelines issued by
respondent No.3--more particularly Clause 2.2 and
Clause 10.2 of the NEET-PG 2023 Information Bulletin--
the petitioner's candidature was cancelled upon
examination of his application form due to the
discrepancy in the percentage of marks obtained in
MBBS. Hence, the petitioner has preferred the present
petition seeking the reliefs stated hereinabove.
5. Learned advocate Mr. Nikul Soni submitted that
although the petitioner's aggregate marks for the
three years of MBBS are 60.53%, due to an inadvertent
mathematical error, the percentage was stated as
60.02% in the application form. During the scrutiny
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
of the application form, upon noticing the
discrepancy between the petitioner's actual
percentage and the percentage mentioned in the form,
the petitioner's candidature was cancelled in view of
Clause 10.10.1. Learned advocate Mr. Nikul Soni
submitted that the aforesaid mistake was an
inadvertent mathematical error, not intended to
commit any malpractice or to misrepresent the
petitioner's case, nor was it aimed at any
suppression. However, the mistake committed is purely
a mathematical error, and for such a minor mistake,
the petitioner's participation in the NEET-PG
admission process ought not to be cancelled. The
petitioner is a meritorious candidate, and there is
every possibility that, if permitted to participate
in the NEET-PG admission process, he may secure
admission in the branch of his choice. Therefore, for
such a small mathematical error, this Court may not
allow the rules to ruin the career of the petitioner.
6. The petition was vehemently opposed by learned
Additional Advocate General Ms. Manisha L. Shah,
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
assisted by learned Assistant Government Pleader Mr.
Kanva Antani, and by learned advocate Mr. Ankit Shah
appearing for respondent Nos. 2 and 3, respectively.
According to learned counsel Ms. Manisha Shah,
respondent No.2 is only conducting the admission
process and has no role in framing the rules.
Respondent No.2 is also not empowered to correct any
mistake, as the guidelines are framed by respondent
No.3, which only oversees the admission process. It
was further contended that even if the petitioner is
allowed to participate, at the stage of cross-
verification, the petitioner's actual percentage
compared with the percentage stated in the
application form would result in a mismatch in the
software. Consequently, there is every likelihood
that the petitioner would again be denied admission
on the ground that the marks actually obtained in
MBBS do not match the marks entered in the
application form. Learned Additional Advocate General
Ms. Manisha Shah also submitted that, since
respondent No.2 is not empowered to make any
corrections or to permit the petitioner to
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
participate in the process, this Court may dismiss
the petition.
7. Learned advocate Mr. Ankit Shah, appearing for
respondent No.3, submitted that the rules are framed
to ensure that no malpractice, misrepresentation, or
suppression takes place in the admission process, and
that only meritorious candidates are granted
admission. Therefore, the rules are designed to
protect the interests of students. It was contended
that the student was expected to be extra vigilant
while filling up the form, and once the form is
filled, submitted, uploaded, and the admission
process is about to commence, the applicant cannot,
at this stage, seek to correct the marks. Hence, the
petition is required to be dismissed.
8. At this juncture, learned advocate for the
petitioner submitted that, considering the nature of
the mistake committed by the petitioner, the fact
that he is a doctor seeking admission to a
postgraduate course, the overall facts and
circumstances of the case, and the fact that the
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
petition has not been filed with any intention to
obtain an undue advantage from the correction,
appropriate relief may be granted. This Court may
exercise its powers under Article 226 of the
Constitution of India and permit the petitioner to
participate in the postgraduate admission process by
directing the respondents to allow the petitioner to
correct his percentage of marks in the application
form itself, so that there are no further
complications arising from any discrepancy between
the petitioner's actual marks and the marks stated in
the application form.
9. I have heard the learned counsels for the
parties and perused the record. Upon perusal of the
record as well as the information bulletin, I find
that the relevant clauses are Clause 2.2 and Clause
10.10.1, and more particularly Clause G of Clause
10.10.1, which are reproduced as under :-
"10.10. VALIDITY OF NEET-PG 2025 RESULT
10.10.1. The validity of the result of NEET-PG
2025 shall be only for the current admission
session i.e. 2025-26 admission session for
MD/MS/PG Diploma courses and cannot be carried
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
forward for the next session of admissions for
MD/MS/PG Diploma courses. Kindly note that the
registration of admissions for MD/MS/PG Diploma
courses is governed by Post Graduate Medical
Education Regulations, 2023 issued by the NMC
with prior approval of Central Government and
the Judgments of Hon'ble Supreme Court of India.
TIE BREAKER CRITERIA:
In the event of two or more candidates obtaining
same normalized marks, one or more of the
following tie breaking criteria shall be used
for resolving the tie The merit position shall
be determined using following tie breaker
criteria in descending order
A. Candidate having overall lesser number of
negative responses in the entire question paper
will be placed at a better merit position re
will get a higher rank in the merit list.
B. Candidate having lesser number of negative
responses in the Section A of the question paper
will be placed at a better merit position i.e.
will get a higher rank in the merit list.
C. Candidate having lesser number of negative
responses in the Section B of the question paper
will be placed at a better merit position i.e.
will get a higher rank in the merit list.
D. Candidate having lesser number of negative
responses in the Section C of the question paper
will be placed at a better merit position ie.
will get a higher rank in the merit list.
E. Candidate having lesser number of negative
responses in the Section D of the question paper
will be placed at a better merit position i.e.
will get a higher rank in the merit list.
F. Candidate having lesser number of negative
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
responses in the Section E of the question paper
will be placed at a better merit position i.e.
will get a higher rank in the merit list.
G. Candidate securing higher aggregate marks (in
percentage) in all MBBS Professional
Examinations will be placed at a better merit
position ie. will get a higher rank in the merit
list. In case of Indian Citizens/ OCI who have
obtained their Primary Medical Qualifications
from outside India, their FMG Examination marks
(in percentage) shall be considered in lieu of
aggregate marks (in percentage) in all MBBS
Professional Examination. It is to be noted that
the aggregate marks in percentage shall be
provided by the applicant while submitting
her/his application form to NBEMS. The marks
shall be provided as an accurate value rounded
down to two decimals. An illustration to this
process is as follows
Candidate Maximum Marks Aggregate Percentag
s Marks Obtained Percentag e to be
e rounded
down to
A 900 623 69.22222 69.22
B 900 619 68.77777 68.77
10. Considering the fact that the petitioner has
filled up the form and nothing has been brought on
record to indicate that the petitioner has indulged
in any malpractice, attempted to suppress any
information, or filed the petition with an intent to
misrepresent his case, When a student is seeking
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
admission to a postgraduate medical course, such an
inadvertent mathematical mistake should not prove
costly to the student, and such a minor error should
not be allowed to jeopardize a person's career.
Therefore, since the admission process has not yet
commenced and the petitioner has approached this
Court before its initiation, the petitioner's case
deserves to be considered sympathetically.
Furthermore, there is nothing on record to indicate
that the petitioner is attempting to obtain any undue
advantage, as the only relief sought is the
correction of the percentage of marks stated in the
application form, and thereafter, participation in
the admission process on that basis. Even the
petitioner's participation in the admission process
would not confer any right upon him or create any
assurance that he will be able to secure admission.
Therefore, such participation is not likely to
adversely affect any of the stakeholders.
11. Accordingly, such a clerical and inadvertent
mathematical mistake is required to be corrected, and
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
the same is hereby directed to be corrected. The
respondents are directed to permit the petitioner to
correct the aggregate percentage of marks obtained in
the MBBS course as 60.53 instead of 60.02, and such
correction shall be given effect in all the records
maintained by the respondents. The petitioner shall
thereafter be permitted to participate in the
admission process for the PG medical course.
Resultantly, in view of the above directions, the
respondents' order or action in not permitting the
petitioner to participate in the PG medical course
selection process is hereby quashed and set aside.
12. The respondents are directed to allow the
petitioner to participate in the PG admission process
after the petitioner corrects the application form,
and such correction shall be duly reflected in all
the computed data maintained by the respondents. This
exercise is directed to be completed by today
evening, i.e. 28.11.2025. In addition to the above
direction it is further directed to the advocates for
the respondent that by the time this order is typed
NEUTRAL CITATION
C/SCA/16249/2025 JUDGMENT DATED: 28/11/2025
undefined
and signed it may take sometime and therefore,
learned advocate for the respondents are directed to
communicate about this order orally to the respective
clients.
13. With the aforesaid directions, the petition is
allowed. Rule is made absolute. There shall be no
order as to costs.
14. Liberty is reserved in favour of either party to
approach the Court in case of any difficulty. In view
of the fact that the respondents shall carry out the
exercise de novo in respect of the petitioner, the
petitioner is directed to pay a sum of Rs. 10,000
towards costs to respondent No. 3 and a sum of Rs.
15,000 to the High Court Legal Services Authority. It
is clarified that this order is passed in the
peculiar facts and circumstances of the case, and the
same shall not be treated as a precedent.
(NIRZAR S. DESAI,J)
Pallavi
