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Home / Latest News / HC expounds: Merit cannot be defeated on Technical Grounds, Rules and Procedure is the handmaid of Justice and not its mistress

HC expounds: Merit cannot be defeated on Technical Grounds, Rules and Procedure is the handmaid of Justice and not its mistress

July 11, 2018:

On Tuesday, Delhi HC while holding merit over the Technical grounds, the has opened up a closed opportunity for an aspiring medico to register for the second round of counselling for deemed universities after the due date.

Delhi High Court
Delhi High Court

HC Judge, Justice Siddharth Mridul directed Centre to open up its online registration facility for Petitioner, who had secured All-India 24,392nd rank in NEET UG 2018 Examination but could not register for second round of counselling for admission to deemed universities since at the time of online registration, she had marked her options as ‘All-India Quota’ seats as well as central university quota seats.

HC Bench stated that,“In view of the foregoing, it is trite to state that merit cannot be defeated on technical grounds. It is an admitted position that considering the All India rank secured by the petitioner she may be entitled to participate successfully in the second round of counselling for admission to a medical course conducted by deemed universities”.

HC Order came, just a day before the second round of counselling was to close.

Centre while following HC Order, opened its portal and Jasmeen has now registered herself for the second counselling for the deemed universities.

Second round of Counseling for Central and Deemed Universities began on July 10 and July 11 was the last day of counselling.

Jasmeen’s counsel Rahul Kripalani told the court that due to the options exercised by her at the time of registration, she has now been precluded from registering afresh for the second round of counselling for deemed universities and stands to suffer the loss of a precious opportunity having already dropped one year for preparation for NEET.

It is to be noted that the portal permitting the candidate to register for the second round of counselling closed on July 8.

The Centre informed the court that during the process of online registration, candidates are permitted one opportunity to reset their choices and since the petitioner has utilised that opportunity, she cannot be permitted to register for the second round of counselling for deemed universities.

Justice Mridul added that, “It is a settled legal position that construction of rules or procedure which promotes justice and prevents miscarriage has to be preferred. Rules and Procedure is the handmaid of Justice and not its mistress.”

Source PTI

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