Delhi High Court
Aashita vs Union Of India & Anr. on 19 September, 2013
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19.09.2013
+ W.P.(C) 5902 of 2013 & CM No.13020 of 2013 (Directions)
AASHITA ..... Petitioner
Through: Mr. S.S. Ray, Mr. Vaibhav Gulia &
Mr. Rajan Tyagi, Advs.
versus
UNION OF INDIA & ANR ..... Respondents
Through: Mr. Neeraj Chaudhari, CGSC for R-1.
Mr. Ravi Sikri, Mr. Vaibhav Kalra &
Ms. Sumedha Dang, Advs. for R-2 with
Brigadier (Retd.) P.K. Upmanyu, Joint
Registrar of the University in person.
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN
JUDGMENT
V.K.JAIN, J. (ORAL)
The petitioner before this Court, on the basis of her rank in
NEET-2013 examination applied for admission to the MBBS course of
the Guru Gobind Singh Indraprastha University. In the application form
the petitioner had chosen Vardhman Medical College & Safdarjung
Hospital as the first option and North Delhi Municipal Corporation
Medical College Hindu Rao Hospital as the second option. The
petitioner did not get admission during the first round of counselling but
was offered a seat in North Delhi Municipal Corporation Medical
College Hindu Rao Hospital in the second round of counselling. The
said allotment of seat was accepted by the petitioner. The University
thereafter prepared a waiting list after holding the second round of
counselling. The Notification dated 14.8.2013 issued by the University
notifying the second counselling for the academic session clearly
stipulated that for registration in waiting list in MBBS Programme the
candidates were to bring duly filled in verification form along with a
demand draft of Rs.27,500/- in favour of the Registrar of the University.
The petitioner neither filled in the verification form and nor submitted a
demand draft of Rs.27,500/- to the University before the waiting list was
drawn up. The waiting list in terms of the said notification came to be
notified on 19.8.2013. Since the petitioner had not submitted the
verification form or the demand draft of Rs.27,500/- her name did not
appear in the waiting list though the names of candidates who had
secured lower rank who appeared in the said waiting list.
2. On 13.9.2013, the petitioner approached the University seeking
inclusion of her name in the waiting list. The said request having not
been granted she is before this Court by way of this writ petition.
3. Since the petitioner did not submit the verification form which
was necessarily required for inclusion of name in the waiting list and
also did not submit the demand draft of Rs.27,500/- in terms of the
notification dated 16.8.2013, the University cannot be blamed for her
name not being included in the waiting list of the candidates who were
either not granted admission or wanted change of the institutes in which
they were granted admission. In fact, the petitioner did not even
approach the University immediately after the waiting list was notified.
For some reasons which are only known to the petitioner, she waited for
as many as 24 days before approaching the University for inclusion of
her name in the waiting list.
4. Considering that the non-inclusion of the name of the petitioner is
attributable to the petitioner's own inaction in not submitting the
verification form and the demand draft of Rs.27,500/-, the University
was justified in declining her request for including her name in the
waiting list. Having not opted for inclusion of her name in the waiting
list, she cannot seek inclusion at this belated stage.
The writ petition is devoid of any merit and is accordingly
dismissed.
SEPTEMBER 19, 2013 V.K. JAIN, J.
b'nesh
