Apoorva Singh vs Union Of India & Ors
2013 Latest Caselaw 3848 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                      Date of Decision: 30.08.2013

+      W.P.(C) 4942/2013

       APOORVA SINGH                                      ..... Petitioner

                          Through:Mr.Rabindra Tiwary, Advocate

                          versus

       UNION OF INDIA & ORS                               ..... Respondents

                          Through:Mr.Rajiv Ranjan Mishra, Advocate for
                          Respondents No.1 and 2.

                          Mr.Amit Bansal, Advocate for R.3.

CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                          JUDGMENT

V.K.JAIN, J. (ORAL)

1. The petitioner before this Court appeared in National Eligibility-cum-

Entrance Test (U.G.) 2013 held on 5th May, 2013. The seats in various medical

colleges are divided into two categories called `All India Quota' and `State Quota'.

15% of the seats are allocated to the All India Quota whereas the remaining 85%

seats go the State Quota. While filling up the application form, the petitioner

selected the option `Not Applicable' against the All India Quota, whereas she

selected three States, namely, Delhi, U.P. and Maharasthra in respect of the State

Quota seats. As a result, no rank of the petitioner in respect of All India Quota was

declared though her rank in the State Quota in Delhi, U.P. and Maharashtra was

duly declared. The aforesaid result came to be declared on 5th June, 2013.

2. The grievance of the petitioner in this writ petition is that his rank in respect

of All India Quota seats has not been declared by CBSE. According to the learned

counsel for the petitioner, it was on account of an inadvertent mistake that the

petitioner selected the option `Not Applicable' in respect of All India Quota while

filling up the application form. However, no such plea was taken by the petitioner

in her mails sent to the Central Board of Secondary Education. Be that as it may,

the facts remains that by exercising the option `Not Applicable', the petitioner

clearly closed the option to compete for All India Quota seats. As per Rule 16.1

contained in the Information Bulletin for NEET (U.G.), 2013, the merit list of only

such eligible and successful candidates has to be prepared, who opt for 15% All

India Quota seats. The names of those who do not opt for such seats cannot be

included in the said List. Therefore, the respondent/CBSE was not expected to

declare her rank in respect of the seats falling under the All India Quota.

Consequently, the petitioner can have no valid grievance for her ranking in the All

India Quota not being declared by CBSE. In any case, in terms of the order of the

Hon'ble Supreme Court dated 07.06.2012 in IA No. 35/2012 in Civil Appeal No.

443/1992 titled as Sharwan Kumar vs. Union of India & Ors., even the third

counselling for admission to MBBS course against All India Quota seats was over

on 17th/18th August, 2013 and the result of the said counselling was declared on 19 th

August, 2013 giving time till 5.00 p.m. on 29th August, 2013 to the selected

candidates to join the allotted course and college. After 29th August, 2013, the

unfilled seats in the All India Quota have to be surrendered back to the concerned

State Govt Medical College and Institution on 30th August, 2013. The petitioner is

seeking counselling and admission to MBBS course, which is a relief that cannot

be granted at this stage. She ought to have come to the Court immediately after the

result of NEET (U.G.), 2013 was declared and she found that her name did not

appear in All India Quota Merit List. In these circumstances, when the petitioner

herself is to be blamed for her rank in respect of All India Quota not being declared

and the admissions to MBBS have already been closed, no relief can be granted to

her.

The writ petition is dismissed.

V.K. JAIN, J

AUGUST 30, 2013 ks