Meghalaya High Court comes to the rescue of medical aspirant after mail to attend e-counselling goes into spam box

The Meghalaya High Court on Tuesday directed the North East Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGHRIHMS) to allow a physical counselling session to an aspirant whose video-conferencing link for the same went into the spam box of her email account [Bisakha Geonka vs NEIGRIHMS and anr]..Justice HS Thangkhiew took note of the fact that the petitioner's admission had been considered on merits against four vacant seats of which one now remains. The link details for joining the video conference call for counselling had been communicated by the institute but landed in the spam section of the petitioner's email account, and was not shared anywhere else on mobile or otherwise. The candidate went on to miss her scheduled e-counselling session and lost out on the seat, after which she moved Court. "In this age of technology and in the prevalent COVID situation, a lot of such lapses have occurred especially when it concerns matters like these which involves communication through digital platforms ... In this view of the matter considering that in the normal circumstances, nothing would have prevented the writ petitioner from tendering her candidature for the said seat, the instant matter being peculiarly situated deserves consideration on a different footing" the single-Judge stated.Noting that the student was at a risk of being deprived of a seat to pursue MBBS, the High Court directed the respondents to facilitate counselling via physical mode or otherwise, within one week with prior notice."The respondents shall take into consideration the merit of the petitioner and complete the process of selection for the fourth seat expeditiously taking into consideration the fact that the session has since commenced," the Court said. .During the course of hearing, it was revealed that another eligible candidate for the now vacant seat had taken admission in another institute. Counsel for the petitioner submitted that given the circumstances, the candidate was not aware of the session being held and this was due to no fault of her own. They were otherwise confident of securing admission, it was stated.Counsel for the respondents stated that the contention that the mail with the video call link landed in the spam inbox cannot be relied upon as she was absent on the day of e-counselling for the seat. Rules deem that vacant seats should be assigned as per the waiting list, it was submitted. The High Court, however, directed physical counselling and disposing of the petition clarifying that the petitioner-candidate would have to fulfil all the criteria as prescribed for her admission on merits against the seat..Senior Advocate HL Shangreiso with advocate P Biswakarma appeared for the petitioner. Senior Advocate Dr N Mozika with advocate S Rumthao appeared for the respondents. [Read Judgment]