The Calcutta High Court dismissed the appeal of Saddam Hossain, a NEET-qualified medical student, who sought migration from a private medical college to a government institution. Citing procedural delays and adherence to established rules, the court emphasized that deviations in professional course admissions cannot be justified even under sympathetic circumstances. The case also revolved around the crucial role of a one-time password (OTP) required during the counseling process.
Background
Saddam Hossain, a medical aspirant from an economically weaker section (EWS), achieved a rank of 52,515 in the NEET-UG 2023 examination. During the first round of online counseling conducted by the West Bengal Medical Counseling Committee (WBMCC), Hossain was unable to register for a seat in a government medical college.
He alleged that the server malfunctioned, and the OTP, required for completing registration, was not delivered to his mobile phone or email. Despite his attempts to resolve the issue through WBMCC’s helpline, he was advised to participate in the subsequent counseling rounds.
Ultimately, Hossain secured admission to JIS School of Medical Science and Research, a private college, during the later rounds of counseling. However, citing financial constraints and his higher NEET rank compared to other EWS candidates admitted to government colleges, Hossain sought migration to a government institution.
The OTP Issue
The OTP system emerged as a critical factor in the case. According to records presented in court, the WBMCC server showed that the OTP was sent to Hossain’s registered mobile number on July 28, 2023, at 09:48 AM. However, Hossain claimed he did not receive it and, therefore, could not complete the registration process before the first round of counseling ended.
The court noted that Hossain fetched the OTP only once on the last day of the first round (July 28), raising questions about his diligence in addressing the issue earlier. In contrast, during subsequent counseling rounds, he successfully fetched the OTP on multiple occasions, completed his registration, and locked his seat preferences.
The timeline of events showed a significant delay on Hossain’s part in acting on the alleged non-receipt of the OTP. The first representation about this issue was submitted nearly two months later, on September 26, 2023, after the results of later counseling rounds were already published.
Legal Issues
1. Responsibility for OTP Failure: Whether WBMCC’s alleged failure to deliver the OTP justified Hossain’s inability to register during the first round.
2. Delay in Objection: Whether Hossain’s delayed response in raising the OTP issue undermined his credibility and claim.
3. Procedural Rigidity: Whether allowing mid-session migration to a government medical college violated National Medical Commission (NMC) guidelines.
4. Judicial Intervention in Admissions: Whether the case presented extraordinary circumstances warranting judicial relief despite the procedural lapses.
Court’s Observations
The division bench of Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee analyzed the OTP controversy and other facts in the case. They observed:
– On OTP Efforts: “The appellant fetched the OTP only once on the last date of the first round of counseling, despite having multiple days to act. This lack of urgency undermines his claim.”
– On Delay in Action: “The appellant waited for two months to raise the issue formally, failing to take timely steps after the alleged server issue. Procedural compliance is essential in competitive examinations and counseling.”
– On Procedural Adherence: “The National Medical Commission’s guidelines prohibiting mid-session migration must be upheld to maintain the sanctity of the admission process.”
Decision
The court dismissed the appeal, ruling that Hossain’s case did not meet the threshold for extraordinary judicial intervention. The judges stated:
“Justice cannot be forsaken on the altar of technicalities. However, fairness requires adherence to established rules. Any direction allowing migration mid-session would undermine the admission process and constitute misplaced sympathy.”
Case Title: Saddam Hossain vs The State of West Bengal & Ors.
