Allahabad High Court
Km. Isha Singh vs State Of U.P. Thru. Prin. Secy. ... on 5 April, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- WRIT - C No. - 2173 of 2023
Petitioner :- Km. Isha Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Civil Secrt. Lko. And 4 Others
Counsel for Petitioner :- Sweta Swarankar,Ambrish Kumar Pandey,Manoj Kumar Singh
Counsel for Respondent :- C.S.C.,Amit Jaiswal Ojus Law,Gyanendra Kumar Srivastava,Kshitij Mishra
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed seeking following reliefs:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue: -
i) A writ, order, or directions in the nature of Mandamus thereby commanding the opposite parties to allow the petitioner for participate in the special round of counselling for Subharti Medical College of UP for NEET UG 2022 (MBBS COURSE) as per the order dated 06-01-2023 passed by Hon'ble Supreme Court of India in SLP No- 17003/2022 MTV Buddhist Religious and Charitable Trust versus State of U.P. and others, in the interest of justice.
ii) A writ, order or direction in the nature of mandamus thereby commanding the opposite parties to allow the petitioner to participate in the special counselling (Mop up round) for filling the medical seats which is vacant till today as per the information provided by the authority's concern, during the writ petition, in the interest of justice.
iii) Any other order or direction, which this Hon'ble Court deem just fit and proper, may also kindly be passed in favour of the petitioner.
iv) Allow writ petition with cost in favour of the petitioner."
Shri Kshitij Mishra, learned counsel for respondent no. 2 submits that since the petitioner has not participated in the last mop up round of counseling, hence, this case is not covered by the judgment of the Supreme Court dated 06.01.2023 passed in S.L.P. No. 17003/2022 "MTV Buddhist Religious and Charitable Trust (formerly known as Subharti KKB Charitable Trust) and another Vs. State of U.P" and she was not eligible to participate in the special round of counseling pursuant to that judgment. The Supreme Court vide judgment and order dated 06.01.2023 has permitted, the petitioner college to fill up, the seventy one vacant post in the college from the waiting list prepared by the State Govt. in the last mop up round. The operative part of the order passed by the Supreme Court is as under:-
"Ms. Garima Prasad, learned AAG appearing on behalf of the State of Uttar Pradesh and Shri Gaurav Sharma, learned Standing Counsel for the National Medical Council fairly state that the seats could be filled up by the State Government from the waiting list prepared by the State Government in the last mop up round and they further submit that the seats would be filled up strictly on the basis of respective merits.
In that view of the matter. I.A. No.966 of 2023 is allowed permitting the State Government to fill up 71 vacant posts in the college run by the petitioners from the waiting list prepared in the mop up round."
Perusal of the order dated 06.01.2023 passed by the Supreme Court shows that this order was passed in the peculiar facts and circumstances of the case and the same would not treated to be as a precedent. It further shows that permission was given by the Supreme Court to fill up seventy one vacant post in the college from those students who were from the waiting list prepared in the mop up round. It is not disputed between the parties that name of the petitioner was not in waiting list prepared in the mop up round whatever may be the reasons.
In view of this admitted position that the petitioner's name was not there in the waiting list prepared in the last mop up round by the State Government, therefore, the stand taken by the respondent that the petitioner was not eligible to take part in the special counseling pursuant to the orders of the Supreme Court cannot be faulted.
The petition lacks merits and is accordingly dismissed.
Order Date :- 5.4.2023
R.C.
