C/SCA/1242/2026 ORDER DATED: 02/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1242 of 2026 ========================================================== SWARA KIRAN BHATT Versus MEDICAL COUNSELLING COMMITTEE, DIRECTORATE GENERAL OF HEALTH SCIENCES ========================================================== Appearance: MR HITESH M SABHNANI(10731) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 02/02/2026 ORAL ORDER 1. Heard learned Senior Advocate Mr. Mitul Shelat, with learned Advocate Mr. H. M. Sabhnani, for the petitioner, and learned Advocate Mr. Ankit Shah for the respondent Medical Counselling Committee.. 2. By way of the present petition, the petitioner has prayed for following reliefs; (A) The Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction and be pleased to direct the Respondent Authorities to include the name of the petitioner in the NRI List of Eligible Candidates for PG Round 3 (2025-26) and permit the petitioner to take part in the counselling process; p. 2 C/SCA/1242/2026 ORDER DATED: 02/02/2026 (B) Pending admission, hearing and final disposal of the present petition, the Hon'ble Court be pleased to direct the Respondent to permit the petitioner to take part in the counselling process subject to such terms and conditions as the court may deem fit and appropriate in the interest of justice; (C) The Hon'ble Court be pleased to pass such other and further order(s) that may be deemed fit and proper in the facts and circumstances of the case. 3. The brief facts of the case are that the petitioner belongs to the Open Merit (General Category) and has successfully completed her UG medical course on an NRI seat. The petitioner appeared in the NEET examination for admission to the PG medical course (2025), and her All India Rank is 180339. 3.1.The brief question before this Court is whether, according to the petitioner, she is otherwise eligible for admission to the PG course under the NRI category on the basis of her PG rank. However, while uploading the necessary documents along with the application form for the NEET examination, the petitioner failed to upload the passbook of her aunt (sponsor), on the basis of which the case of the petitioner could have been considered p. 3 C/SCA/1242/2026 ORDER DATED: 02/02/2026 under the NRI category. 3.2. On account of such lacuna of failing to upload the passbook, though the petitioner had disclosed the name of the sponsor and other necessary details in the application form, respondent No. 1 is now not considering the case of the petitioner for admission. According to the petitioner, such a lacuna is not such a big lacuna, which would adversely affect the career of the petitioner by denying admission to a PG course, particularly when the petitioner has secured marks higher than the prescribed cut-off marks. 4. Learned Advocate Mr. Ankit Shah submitted that the process for admission to the PG course has already commenced and that the window is to be closed at around 12:00 p.m. today, while the matter is being argued at around 11:40 a.m. He submitted that, in view of the fact that the respondents have proceeded substantially with the admission process, and as the petitioner has preferred the present petition at the last moment, considering the lacuna pointed out on the part of the petitioner, her case may not be considered positively. He further submitted that although the petitioner filled up the application form in accordance with the requirements, the necessary document, namely the passbook of the sponsor, was p. 4 C/SCA/1242/2026 ORDER DATED: 02/02/2026 not uploaded along with the form, and therefore, on account of the aforesaid lacuna, the case of the petitioner is not required to be considered, and accordingly, the respondents have not considered the case of the petitioner. He, therefore, prayed for dismissal of the petition. 5. I have considered the submissions of the learned advocates for the parties. 6. I am keeping this order as short as possible for the reason that, as stated by Mr. Shah, learned Advocate for the respondent, the window for admission is to be closed by 12:00 p.m. today, i.e. after about 20 minutes, and therefore, if the order is not dictated before that time, it may happen that even if the petitioner ultimately succeeds, the admission process would be over by then. 6.2. Learned Senior Advocate Mr. Mitul Shelat submitted that the respondents were provided with all the necessary documents which were required to be uploaded by the petitioner, including the passbook of the sponsor, on account of the non-uploading of which the case of the petitioner is sought to be rejected by the respondents. The petitioner, by way of an email, sent the relevant documents to the p. 5 C/SCA/1242/2026 ORDER DATED: 02/02/2026 respondents on 30th January at 8:44 p.m. A copy of the said email is produced by learned Senior Advocate Mr. Shelat, which is taken on record, and therefore, according to Mr. Shelat, all the requirements of uploading the documents stand fulfilled, though belatedly, by the petitioner. Even learned Advocate Mr. Ankit Shah could not dispute the aforesaid aspect. 7. It is true that initially there was some lacuna on the part of the petitioner in uploading the form; however, at the same time, considering the fact that the case of the petitioner pertains to admission to a PG course through NEET, therefore, though it is expected that a person who has already become a doctor and aspires to become a specialist would adhere to and maintain the requisite precision, and be absolutely meticulous while uploading the application form. However, such a minor mistake of failing to upload a single document ought not to result in a lifetime regret for a student like the petitioner. Therefore, by imposing suitable costs, an appropriate order can be passed by this Court while exercising its writ jurisdiction under Article 226 of the Constitution of India. 8. Accordingly, looking to the nature of the lacuna pointed out by the petitioner, which is not disputed by learned p. 6 C/SCA/1242/2026 ORDER DATED: 02/02/2026 Advocate Mr. Ankit Shah, the respondents are directed to consider the case of the petitioner in the merit list, if the petitioner is otherwise found eligible. The respondents shall not reject the claim of the petitioner for a PG NEET seat solely on account of the lacuna pointed out by learned Senior Advocate Mr. Mitul Shelat, namely the failure to upload the passbook of the sponsor while filling up the PG NEET application form. 8.1. 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. Therefore, the respondents are directed to consider the case of the petitioner, if she is otherwise found eligible and suitable for inclusion in the merit list of PG NEET. 9. At this stage, learned Senior Advocate Mr. Shelat submitted that, in view of the directions issued by this Court, which may save the career of the petitioner, the petitioner herself is desirous of donating a sum of 1,00,000/- with the ₹ High Court Legal Services Committee within a period of one week from today, irrespective of whether the petitioner ultimately secures admission in NEET PG or not. Page 6 of 7 C/SCA/1242/2026 ORDER DATED: 02/02/2026 10. In view of the aforesaid statement, the petitioner is directed to deposit a sum of 1,00,000/- with the High Court ₹ Legal Services Committee within a period of one week from today. The petition is disposed of. Direct service today is permitted. In addition to direct service, learned Advocate Mr. Ankit Shah is directed to communicate the decision of this Court to the concerned respondent forthwith. (NIRZAR S. DESAI,J) BHAVIN MEHTA