Court Cannot Examine Correctness Of Policy Decision Which Is Supported By Sufficient Material And Complies With Article 14: Patna High Court

The Patna High Court has reiterated that once it is found that there exists sufficient material supporting a particular policy decision and it falls within the scope of Article 14 of the Constitution, the power of judicial review does not extend to determine the correctness of that policy decision or finding out an alternative. However, once it is found that there is sufficient material for taking a particular policy decision, bringing it within the four corners of Article 14 of the Constitution, power of judicial review would not extend to determine the correctness of such a policy decision or to indulge into the exercise of finding out whether there could be more appropriate or better alternatives.” “Once we find that parameters of Article of 14 are satisfied; there was due application of mind in arriving at the decision which is backed by cogent material; the decision is not arbitrary or irrational and; it is taken in public interest, the Court has to respect such a decision of the Executive as the policy making is the domain of the Executive. The Court observed that to facilitate students participating in 2023 counselling, the MCC released an Information Bulletin & Counselling Scheme, which included a rule specifying: “If a candidate is allotted a seat in the Stray Round, they must join the allotted seat/college. Failure to join the allotted seat will result in the candidate being debarred from the NEET examination for one year, along with the forfeiture of fees.” Upon reviewing this provision, the Court remarked, “there is no scintilla of doubt that if the BCECE Board had allowed the petitioner to join the counselling for 3rd round against State quota, that would have frustrated the debarment of the petitioner from NEET examination for one year for not joining the seat allotted to her in the Stray Round by the MCC as per the provisions contained in the aforesaid allotment scheme prepared and published by the MCC.” The Court added, “Thus, it was mandatory for the petitioner to join the seat/college allotted by the MCC to the petitioner during the stray round in view of the fact that 288 candidates who had been allotte seats in stry vacancy round to All India quota were removed from the list of counselling for UGMAC-2023 for 3rd round by the BCECE Board.” Referring to Chapter 12 of the UG NEET 2023 Information Bulletin, which provides detailed final Stray Round guidelines, the Court noted that it is clear that once a candidate is allotted a seat, the option to exit and refrain from joining is only available until the 3rd round of counselling, and even then, only with fee forfeiture and disqualification from further rounds.