Shivani Khullar vs Registrar,Rajasthan University of Health Sciences

Dr. Vineet Kothari, J.—The lawyers are observing strike which is contrary to various Supreme Court decisions.

The matter requires urgent attention of this Court, therefore, the matter was heard on merits and is being disposed of finally by this order.

The petitioner has filed the present writ petition with the following prayers:

"(i) The writ petition may be allowed and the petitioner may be allotted the Microbiology seat at Dr. S.N. Medical College, Jodhpur for the course of M.Sc. (Medicine) 2013-14.

(ii) That the respondents may be directed to cancel the seat allotted to the respondent no. 4 of Microbiology in Dr. S.N. Medical College, Jodhpur for the M.Sc. (Medicine) 2013-14.

(iii) Any other order or direction, which may be deemed just and proper in the facts and circumstances of the case, may kindly be passed in favour of the humble petitioner."

The facts leading to filing of the present writ petition in brief as stated in the writ petition are as under;

In pursuance of the advertisement for admission in the M.Sc. (Medicine) Course for the Session 2013-14 issued on 19/12/2013 by the respondent Rajasthan University of Health Sciences, the petitioner applied for the said course, possessing requisite qualifications for the same and she secured 23rd merit in the said admission test. The respondent No. 4-Ms. Usha Verma, admittedly, secured 41st rank in the said admission test.

In the first round of counseling conducted for the said admission, the petitioner opted for Physiology subject in M.Sc. (Medicine) course and was offered admission in Dr. S.N. Medical College, Jodhpur on 6/5/2014. It was stated by the petitioner during the course of arguments that admission process was recently over and course study began only on 2/9/2014. The second round of counseling for two seats of Anatomy, one seat in S.P. Medical College, Bikaner and another seat in Jhalawar Medical College, Jhalawar was advertised on 30/5/2014 by the respondent-Rajasthan University of Health Sciences and since the petitioner was not interested in the Anatomy branch, therefore, there was no occasion for her to participate in the said second round of counseling. On 27/8/2014, the respondent University issued yet another advertisement for third round of counseling for the admission in M.Sc.(Medicine) course and one seat in Biochemistry branch at J.L.N. Medical College, Ajmer, one seat of Anatomy branch at Jhalawar Medical College, Jhalawar and one seat of Microbiology branch at Dr. S.N. Medical College, Jodhpur were so advertised.

The petitioner further states that when she came to know in July, 2014 that on account of not joining the M.Sc.(Medicine) Microbiology by one Ms. Mini Sharma, she wrote a letter to the respondent No. 2-The Convener, Admission Board, M.Sc. (Medicine), Rajasthan University of Health Sciences, Jaipur vide letter Annex. 9 dated 7/7/2014 to allow her to appear in the third round of counseling so that she could opt for her preferred branch Microbiology as one seat has fallen vacant but she was not permitted to do so and the respondent no. 2 stated that she is not eligible to attend the said counseling and petitioner came to know that respondent no. 4-Ms. Usha Verma was offered the said seat of M.Sc.(Medicine) Microbiology. The respondent present in the Court also informed the Court that Ms. Usha Verma was also admitted M.Sc.(Medicine) Anatomy branch at Bikaner College but she shifted in the said Microbiology branch at Dr. S.N. Medical College, Jodhpur as she was offered admission in the third round of counseling and accordingly she was admitted in M.Sc.(Medicine) Microbiology at Dr. S.N. Medical College, Jodhpur.

In these circumstances, the petitioner having been deprived of her admission in M.Sc.(Medicine) Microbiology has preferred this writ petition.

The respondent-Rajasthan University of Health Sciences has not filed any reply nor any officer is present on their behalf to assist the Court. Therefore, the parties present in the Court were heard in the matter.

Having heard the parties present in the Court, this Court is of the considered opinion that since there being no dispute about the higher merit position of the petitioner at serial no. 23 and that of respondent no. 4 at serial no. 41, the petitioner naturally has the preferential claim over the preferred seat, which is only one at Dr. S.N. Medical College, Jodhpur published for the third round of counseling vide advertisement dated 27/8/2014 (Annex. 8). Like the petitioner, who joined initially the Physiology branch, the respondent no. 4 also joined Anatomy branch at Bikaner College and if she could be permitted to change her branch in the third round of counseling, for which the respondent no. 2 prevented the petitioner from attending the same, the petitioner cannot be faulted for the same. Had she been allowed to appear in the third round of counseling, looking to her merit position, she would have definitely got the admission in M.Sc.(Medicine) Microbiology, which infact had started only after the third round of counseling on 2/9/2014, about 8 days ago. Therefore, this Court is of the considered opinion that not much loss will be caused to the respondent no. 4 if she is asked to vacate her seat for the present petitioner and is allowed to join her earlier seat at Bikaner College in the branch in which she was initially admitted. The higher merit of the petitioner cannot be allowed to be overridden in these circumstances because no reason has been put forth by any of the respondents for not allowing the petitioner to participate in the third round of counseling, even though the respondent no. 4 in similar circumstances was so allowed to change her branch though she was lower in merit from the present petitioner.

In these circumstances, the present writ petition deserves to be allowed and same is hereby allowed. The respondents are directed to allow the petitioner to be admitted in M.Sc. (Medicine) Microbiology Course at Dr. S.N. Medical College, Jodhpur for the Session 2013-14 immediately and the respondent No. 4 will be allowed to resume her course in M.Sc.(Medicine) Anatomy and join back again at Bikaner College, where she was admitted before the third round of counseling and her that admission shall stand protected.

In case the said respondent No. 4-Smt. Usha Verma makes a representation to the respondent No. 3-Principal & Controller, Dr. S.N. Medical College, Jodhpur to continue her in the said course of M.Sc.(Medicine) Microbiology branch and it is possible for the respondent No. 3 to increase one seat in the said branch and accommodate the respondent no. 4-Smt. Usha Verma also then the respondent no. 3 will be free to consider such representation and pass appropriate orders in this regard. However, the respondent No. 4 will not have a better claim over the present petitioner-Ms. Shivani Khullar in this regard. No order as to costs. Copy of this order be sent to the concerned parties forthwith.