Merit Over Formality: Gujarat High Court Orders MCC to Consider NEET-PG Aspirant Denied Over Missing NRI Passbook

In a significant ruling emphasizing merit over procedural technicalities, the Gujarat High Court has directed the Medical Counselling Committee (MCC) to consider a meritorious student for NEET-PG admission under the NRI category. The court observed that a “minor mistake” in an application form should not result in a “lifetime regret” or cost a student their career.

The petitioner, Swara Bhatt, a medical student who appeared for the National Eligibility-cum-Entrance Test-Post Graduate (NEET-PG), sought admission to a postgraduate course under the Non-Resident Indian (NRI) quota. Despite securing marks higher than the prescribed cut-off, she was denied admission and excluded from the merit list because she failed to upload the passbook of her NRI sponsor during the application process.

Bhatt moved the High Court seeking a direction to the authorities—the MCC under the Directorate General of Health Services (DGHS)—to include her name in the NRI list of eligible candidates for PG Round 3 (2025-26) and allow her to participate in the counselling process.

The petitioner argued that her exclusion was based on a minor lacuna that would adversely affect her career, especially given her merit.

On the other hand, the lawyer representing the respondents (MCC/DGHS) pointed out that the admission window was scheduled to close at 12:00 PM on Monday, February 2. As the matter was being argued at approximately 11:40 AM, the respondents suggested that her case might not be considered positively due to the imminent deadline.

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Justice Nirzar Desai, delivering the order just 20 minutes before the admission deadline, noted the urgency and the potential impact on the student’s future.

The court acknowledged that while the requirement to upload a sponsor’s passbook is mandatory, procedural lapses should not outweigh academic merit. The court observed:

“Though the requirement of uploading the passbook is mandatory, such a lacuna ought not to cost the career of a meritorious student, nor should a less meritorious candidate be granted admission by ignoring the claim of a more meritorious student.”

The judge further remarked that such a “minor mistake” ought not to result in “a lifetime regret for a student like the petitioner.”

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However, the court also issued a stern reminder to the aspiring specialist, noting that doctors are expected to maintain precision and be “absolutely meticulous” while handling official documentation and applications.

The High Court directed the respondents to consider the petitioner’s case for inclusion in the NEET-PG merit list if she is otherwise found eligible and suitable. The court specifically instructed that her claim should not be rejected solely because of the failure to upload the sponsor’s passbook.

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To emphasize the importance of procedural diligence, the judge allowed the petitioner to donate ₹1 lakh to the High Court Legal Services Committee within one week, clarifying that this donation is mandatory regardless of whether she ultimately secures the admission.

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