Aastha Raj vs University Of Delhi And Ors

,

Jayant Nath, J",

This hearing is conducted through video-conferencing.,

This writ petition is filed by the petitioner seeking appropriate directions to cancel the selection/allotment of respondent No.8 with respondent No.3,

college for Post Graduate Courses for the academic year 2020-21 in General Medicine and the petitioner be declared successful for the same by,

allowing the petitioner to join for the said course.,

The case of the petitioner is that sometime in March/April, 2020, University of Delhi issued a Bulletin of Information for admission to Post Graduate",

Courses for the academic year 2020-21. The clause 7.2 of the said Bulletin provided that candidates appearing in last round/mop up round of,

counselling and offered admission in such last round must carry their original certificates in person and they will have no right to surrender their seats,

once accepted. Further no extension of time for joining will be granted. The candidates appearing in last round/mop up round of counselling must,

produce original certificates to be eligible for allotment of PG seat.,

The petitioner applied for the said course through online process through NEET PG 2020. Regarding respondent No.8/Ms.Gargee Rattan, it is",

stated that she applied parallelly for Indira Gandhi Medical College, Shimla for the Post Graduate Courses. Her name appeared in the counselling list",

for the said degree course with said college.,

On 22.07.2020 under Himachal Pradesh State Quota PG Degree Courses provisional seat allocation was issued to respondent No.8 after appearing,

in the counselling. She was allotted seat of MD General Medicine in Dr.Rajendra Prasad Govt. Medical College & Hospital, Kangra (H.P.). On",

28.07.2020, University of Delhi issued seat matrix for stray vacancy round wherein seat of MD (General Medicine) was mentioned and specified to",

be reserved for SC category. University of Delhi also issued notice for stray vacancy round of counselling to be held on 30.072020 for PG MD,

Admission 2020.,

The grievance of the petitioner is that on 30.07.2020 on the day of the counselling for Delhi University, the petitioner was present and attended in",

person with all required original documents/certificates for MD-Medicine under 50% Delhi University Quota. The petitioner was at serial No.110,

whereas respondent No.8/Ms.Gargee Rattan was at serial No.79. There was no candidate between them present. It is stated that the mandate was,

that the candidates have to submit their original documents by 28. 07.2020 and had to report for joining by 30.07.2020. Ms.Gargee Rattan/respondent,

No.8 had already taken admission in the above noted college in Himachal Pradesh. There was no exemption permitted from physical appearances as,

is evident from various communications placed on record. In the counselling, the name of respondent No.8 was called out and some male candidate",

went inside the room without the original documents. It is stated that respondent No.8 has been given admission contrary to the stipulated procedure at,

the cost of the petitioner. Hence, the present writ petition.",

University of Delhi has filed a short counter affidavit. In the counter affidavit, it has been stated that the writ suffers from delay and laches. The",

counselling for the stray vacancy round was held on 30.07.2020 while the present petition was filed on 31.08.2020 i.e. the last day when the entire,

counselling schedule was already over. Hence, it is pleaded that the present writ petition is liable to be dismissed.",

Without prejudice, it is also stated that the decision to admit respondent No.8 was granted during the counselling held on 30.07.2020 as per the",

decision of the Admission Committee. The minutes of the meeting have been attached. It is stated that respondent No.8 could not attend the,

counselling personally on that date due to Covid-19 situation. The admission Committee under those special circumstances was pleased to allow,

authorised person of respondent No.8 to attend the counselling on behalf of respondent No.8 and provisionally allotted the seat of MD General,

Medicine to respondent No.8 subject to producing the original certificates/documents to the allotted college and completing all the formalities. The,

original certificates were produced by respondent No.8 on 31.07.2020 in the college. All the other formalities were also completed on 31.07.2020 as,

this was the last day of admission as per Guidelines of the MCI. Hence, it is pleaded that the admission granted to respondent No.8 in MD General",

Medicine does not suffer from any infirmity and is valid and proper. The Admission Committee took steps under special and extraordinary pandemic,

situation that prevails.,

It is further stated that this Hon’ble Court while passing the interim order on 31.08.2020 had permitted the petitioner to take admission in the,

vacant seat of MD Pathology. The petitioner however did not come forward to take admission for the said course and has made the petition,

infructuous as per law laid down by the Supreme Court of India. Hence, it is pleaded that no relief can be granted to the petitioner.",

I have heard learned counsel for the parties.,

The settled legal position is that in terms of the judgment of the Supreme Court in the case of ‘Priya Gupta v. State of Chhattisgarh, AIR 2012",

SC 2413, the last date for giving admission for the PG Courses is 31.08.2020. That date is already over. Hence, this court cannot grant relief to the",

petitioner as is sought.,

Reference may be had to the minutes of the Faculty of the Medical Science (Admission Committee) that was held on 30.07.2020. The same reads,

as follows:,

“A meeting of the Medical Sciences Course Admission Committee (MCAC) of the Faculty of Medical Sciences was held on Thursday, the 30th",

July 2020 A.M. in the Committee Room, Faculty of Medical Sciences, 7th Floor V.P. Chest Institute Building, University of Delhi 110007.",

The following members were present:,

l. Prof. Vandana Roy, Dean Faculty of Ayurverda & Unani â€" Chairperson",

Dr Gaurav Agrawal, Registrar (Academic), Lady Hardinge Medical College",

Dr G S Meena, Maulana Azad Medical College",

Dr Shivani Agarwal, KH",

Dr Sonam Spalgals, VPCI",

Dr Dheervag P Gupta, HRH",

Item No.1,"To conduct Stray Vacancy Counselling for admission to PG (MD/MS/Diploma/MD

Courses 2020

,"The Medical Sciences Course Admission Committee (MCAC) successfully conductedS tray

Vacancy Round-up Counselling for admission PG (MD/MS/Diploma/MDS) Courses 2020.

,"One candidate at Sl.No.79, Rank 20043, Category (SC) Gen. Medicine, MAMC coulndo t attend

the stray vacancy round physically due to Covide-19 situation and one candidate at Sl.No.111,

Rank 25636, Category (UR), MD Anaesthesiology,L HMC could not physically attend the

counselling as the candidate is suffering from Corona Virus.

The Committee unanimously decided to allow the authorised persons of these candidates to appear

for counselling and to allot seat provisionally subject to submission original certificate at the allotted

college and carry out all required formalities.

The Committee received an email at 3.32 PM from office of ADG(ME) in respect of Writ Petition

No.4755 of 2020 in the matter of Dr.Machat Balakrishnan Menon v. MCC & Ors. before the

Hon’ble Delhi High Court on 30.07.2020 wherein the University was directed to keep one seat

reserved in MD(Pathology) in Maulana Azad Medical College, New Delhi which was allotted t

the Candidate in the Mop-up round of NEET PG Counselling 2020 until further orders of th

Hon’ble Court.

Hence, one seat in MD Pathology, MAMC was kept on hold as per direction of Hon’bleD elhi

High Court

,"No Candidate opted the seats in some of the specialities under OBC category, therefore, these

seats were converted to UR category as per clause No.3.1(c) of BOI 2020.

The Counselling ended at 5.00 PM.