Patna High Court
66562) in NEET-PG-2025,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court upheld the forfeiture of the security deposit but allowed the petitioner to participate in the third round of counselling under the UR category.
Summary
The petitioner, Sushil Ranjan, secured admission to Netaji Subhas Medical College under the NRI quota in the first two rounds of counselling but failed to complete the required document verification and admission formalities. He sought the court's intervention to avoid forfeiture of his security deposit and to be allowed to participate in the third round of counselling under the UR category. The respondents, representing the State of Bihar and the BCECEB, contended that the rules clearly mandate forfeiture of the deposit if verification is not completed, and that the petitioner must forfeit the deposit to be eligible for the third round. The court examined the BCECEB's notice and the statutory provisions governing counselling, finding that the forfeiture clause is valid and not arbitrary. Consequently, the court refused to interfere with the forfeiture of the security deposit but directed that the petitioner be permitted to take part in the third round of counselling under the UR category. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioner can be allowed to participate in the third round of counselling without forfeiture of the security deposit after failing to complete document verification in the second round.
- Whether the forfeiture of the security deposit under the BCECEB rules is arbitrary or violative of principles of equity.
- Whether the court can intervene in the BCECEB's procedural rules concerning upgradation from NRI quota to UR category.
Subjects
- medical college admission
- counselling rounds
- NRI quota
- upgradation
- security deposit forfeiture
- writ petition
- higher education
- equity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.63 of 2026
======================================================
Sushil Ranjan (having all India Rank of 66562) in NEET-PG-2025, S/o. Satya
Narayan Singh, R/o. Flat no. 602,Moti Mahal Apartment Digha, Patna, Bihar-
800011.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. Of Bihar, Patna.
2. The Chairman, Bihar Combined Entrance Competitive Examination Board
(BCECEB), Near IAS Association Building, Near Patna Airport, Patna,
Bihar-800014.
3. The Officer on Special Duty (OSD), Bihar Combined Entrance Competitive
Examination Board (BCECEB), Near IAS Association Building, Near Patna
Airport, Patna, Bihar-800014.
4. Dr. Dipansh (having all India Rank 68619), through The Officer on Special
Duty (OSD), Bihar Combined Entrance Competitive Examination Board
(BCECEB), Near IAS Association Building, Near Patna Airport, Patna,
Bihar-800014.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajmangal Kuamr, Adv.
Mr. Rahul Trivedi, Adv.
Mr. Ashok Trivedi, Adv.
Mr. Bhubneshwar Mahto, Adv.
For the State : Mr. Sita Ram Yadav, GP 16
Mr. AC to GP 16
For the BCECEB : Mr. Prasoon Sinha, Sr. Adv.
Mr. Prabhat Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 07-01-2026
The matter has been placed under the heading “For
Orders on Office Notes” with certain defects.
2. Having considered the submissions advanced by
learned Advocate for the petitioner and taking note of the
urgency of the matter, the defect(s) stand ignored.
3. Heard the parties.
Patna High Court CWJC No.63 of 2026 dt.07-01-2026
2/4
4. Yesterday, on 06.01.2026, the matter was taken up
and Mr. Prasoon Sinha, learned Senior Advocate for the Board
has prayed for a pass over of the matter, so that he may apprise
this Court with regard to present factual position.
5. Today, it has been informed to this Court that in the
first round of counselling, the petitioner had submitted his
choices, out of which the petitioner was allotted “Netaji Subhas
Medical College & Hospital”, as per merit cum choice under the
NRI quota. In the second round of counselling, the petitioner
was again opted and allotted “Netaji Subhas Medical College &
Hospital” as first choice. The petitioner has also submitted his
declaration that he has chosen “Radiodiagnosis” (Degree in
allotted category NRI) at “Netaji Subhas Medical College &
Hospital” according to his own free will, choice and liking after
full consideration from amongst the seats in courses and
institutes, available at his merit serial PGMAC-2025.
6. Since the petitioner has approached this Court and
seeking an upgradation by invoking the jurisdiction of this
Court, learned Senior Advocate, Mr. Sinha, taking this Court
through the notice for online application and choice filling as
well as counselling submitted that if any candidate’s
upgradation for round-2 counselling is sought for, he has to
report physically at reporting centre by withdrawing his/her
original certificate from the allotted institute along with
Patna High Court CWJC No.63 of 2026 dt.07-01-2026
3/4
Document Verification slip of round-1 counselling for
Document Verification and to complete Document Verification
process to their allotted seat/institution, as printed on round-2
Provisional Allotment Order, as per programme scheduled. If
the candidate fails to complete Document
Verification/Admission Process, then in such case, his security
deposit will be forfeited and the allotted seat will be cancelled.
7. The petitioner in the case at hand has not completed
the Document Verification/Admission Process and, as such, if
he is willing to participate in the 3rd round of counselling under
the UR category, the security deposit will be forfeited. However,
in terms with the stipulations the petitioner shall be allowed to
participate in the 3rd round of counselling, subject to forfeiture
of the security deposit is the contention of the learned Senior
Advocate.
8. On the other hand, Mr. Rajmangal Kumar, learned
Advocate for the petitioner submitted that despite there is
specific provision for upgradation in the rules prescribed by the
MNC from NRI quota to UR category, the forfeiture of the
security deposit amount would be arbitrary and dehors the
equity besides, the petitioner has to suffer financial loss.
9. However, on instruction of his client, Mr.
Rajmangal Kumar, learned Advocate further submitted that the
petitioner is ready to participate in the 3rd round of counselling
Patna High Court CWJC No.63 of 2026 dt.07-01-2026
4/4
by completing the formalities under the UR category.
10. Having considered the submissions advanced by
learned Advocate for the respective parties and the materials
available on record, especially the notice, which clearly
stipulates the provisions for forfeiture of security deposit, in
case the candidate fails to complete Document
Verification/Admission Process; since, it is the admitted position
that the petitioner has failed to complete the Document
Verification/Admission Process, in terms with the allotment
made in the second round of counselling, this Court does not
interfere with respect to the forfeiture of the security deposit.
11. However, the respondents are directed to allow the
petitioner to participate in the 3rd round of (PGMAC) 2025,
counselling against the seats available under the UR category, as
per his merit cum choice, which is opened till midnight of
07.01.2026 and proceed accordingly.
12. With the aforesaid direction, the present writ
petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
Checking your session…