NEET-UG: Meghalaya HC Conditionally Affirms Single Judge Order Granting Relief To Candidate Who Missed Counselling Due To Spam Email
2 years, 11 months ago

NEET-UG: Meghalaya HC Conditionally Affirms Single Judge Order Granting Relief To Candidate Who Missed Counselling Due To Spam Email

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In an interesting development, a Division Bench of the Meghalaya High Court, comprising of Chief Justice Sanjib Banerjee and Justice W. Diengdoh, has conditionally affirmed the decision of the Single Judge, who had provided relief to a National Eligibility-cum-Entrance Test candidate, whose initial e-counselling invitation mail was delivered in her ' spam box '. On 14 March 2022, when the matter was taken up by the Single Judge, the writ petitioner filed an affidavit stating therein that the fourth of the remaining four candidates did not report for the e-counselling as he had already secured admission elsewhere. Upon being satisfied that the writ petitioner had been prevented by sufficient cause from tendering her candidature at the initial e-counselling, the Single Judge Bench directed that the appellants herein shall facilitate counselling for the writ petitioner within a week from the date of the order, upon notice to the writ petitioner. Accordingly, it held, "There was an element of discretion available to the writ court, considering the peculiar facts of this case; and, though the fundamental principle that ought to have guided the writ court was that upon a default being committed by a candidate, whatever be the circumstances, the consequences of the default must rest with the candidate, since the last placed candidate among the remaining four in this case, quite fortuitously, did not accept the seat, a window opened up for the writ petitioner which has been offered by the writ court in exercise of its discretion.

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