The student, Swara Bhatt, moved the court seeking directions to the MCC of the Directorate General of Health Sciences to include her name in the NRI list of Eligible Candidates for the PG Round 3 of 2025-26 and permit her to “take part in the counselling process”, pending the final disposal of the petition before the HC.

As per the petition before the HC, the student belongs to the “Open Merit (General Category)” and has successfully completed her undergraduate medical course on an NRI seat. The petitioner appeared in the NEET examination for admission to the PG medical course (2025), and secured an All India Rank of 180339. The oral order of the court noted the submission that while the petitioner is otherwise eligible for admission to the PG course under the NRI category, based on her PG rank, 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 under the NRI category.

The court order noted the submissions that the petitioner had, by way of an email, “sent the relevant documents to the respondents on January 30 at 8:44 pm” and said, “It is true that initially there was some lacuna on the part of the petitioner… 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…”

Directing the MCC to consider the case of the petitioner in the merit list, if she is otherwise found eligible, the oral order of the court states, “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.”

The oral order of the HC also notes that Senior Advocate Mitul Shelat appearing for the petitioner submitted that in view of the directions issued by this Court, which may save the career of the petitioner, she is “desirous of donating a sum of Rs 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.”

The HC directed the petitioner to deposit the sum with the Legal Services Committee within one week.