New Delhi: A student dropping out in the
middle of a professional course can be barred from taking
admission in the same course again till completion of the
programme because it results in wastage of a precious seat and
opportunity for another meritorious candidate, the Delhi High
Court has said.
A bench of justices Rajiv Sahai Endlaw and G P Mittal
upheld the decision of Guru Gobind Singh Indraprastha
University refusing to induct a candidate in Post Graduate in
Medicine on the ground that he had dropped out in the previous
The court dismissed the plea of Dr Muveen Kumar who
had challenged the University`s decision to debar him from
taking admission. His plea was earlier dismissed by a single
judge bench order of the high court.
The single judge had said "such an embargo is in
larger public interest so that the precious seat in the Post
Graduate Medical Course does not go waste."
Kumar had opted out of the PG course in the field of
ENT, six months after taking admission as he wanted to pursue
his studies in some other stream. He re-appeared for the
entrance test and qualified for the same but the University
refused to induct him.
Dismissing his plea the court said "though such a
restriction is undoubtedly harsh it cannot be viewed in
isolation as through this restriction a greater objective in
the larger public interest, to see that the precious medical
seat does not go waste, is being achieved."
"Substantial public funds are spent for each seat in a
professional course and squandering of any seat not only
deprives and defeats the valuable right of the student next
in queue but also results in large public money spent by the
institution in the creation of such a seat going down the
drain," it added.
Upholding the single bench`s order, the division bench
said "if the stream offered to him was not acceptable, he
ought not to have accepted the same, in which case it would
have been offered to the next willing meritorious candidate."