Ilsa Thakur vs State Of H.P. & Ors

Sushil Kukreja, J

The present petition has been filed by the petitioner seeking following substantive reliefs:-

“(i). Issue writ of certiorari to quash )Annexure P-4) i.e. impugned admission notice dated 20.01.2023 qua the petitioner.

(ii) Issue writ of mandamus directing the respondents to allow the petitioner to participate in the first round counselling/admission process which is held w.e.f. 23.01.2023 to 30.01.2023.”

The case of the petitioner is that she had participated in All India Ayush Post Graduate Entrance Test, 2022 (AIAPGET) through online mode vide application No.224010000359 under the General Category and thereafter she had been issued Roll No.HP04000195 and date of the examination was fixed as 15.10.2022. She has appeared in the selection process and had obtained 239 marks out of 480 marks and got 1591 AIAPGET-2022 All India Rank and qualified AIAPGET entrance test. On 20.01.2023, respondent No.3 had issued admission notice in the daily newspaper i.e. Amar Ujala for MD/MS Ayurveda course on the basis of AIAPGET-2023 for the academic session 2022-23 of Government/Private Ayurveda Colleges situated in the State of Himachal Pradesh and the last date to fill the online application on University website was fixed as 22.01.2023. The grievance of the petitioner is that she belongs to remote area/snow bound area where the services of the newspapers and other communication i.e. internet facility, are not available properly and respondent No.3 has granted only one day to fill-up the form for admission to MD/MS Ayurveda course on the basis of AIAPGET-2022, for the academic session 2022-23, in an arbitrary manner and just to harass the candidates.

Today, on the instructions received from respondent No.3-University, Mr. Dinesh Kumar Thakur, Advocate, has appeared on its behalf and has stated that first round of counselling has already been completed and the students have already been granted admission letters.

From the perusal of the writ petition, it has become clear that respondent No.3 had issued admission notice on 20.01.2023 and the last date for submission of the online application was fixed as 22.01.2023. However, the petitioner had failed to apply for the first round of counselling within the stipulated time. Since the petitioner had failed to apply for the first round of counselling for admission to MD/MS Ayurveda Course within the stipulated time, this Court cannot interfere under Article 226 of the Constitution of India while directing the respondents to allow the petitioner to participate in the first round of counselling, as the first round of counseling has already been completed and the students have already been granted admission letters.

Therefore, no ground for interference is made out and the writ petition is dismissed.

Pending miscellaneous application(s), if any, shall stand disposed of.