Delhi High Court
Ms. Aarushi Dhingra vs Union Of India And Ors. on 5 December, 2018
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 5th December, 2018
+ W.P.(C) 13134/2018 & CM APPL. 50952/2018 (for exemption)
MS. AARUSHI DHINGRA ..... Petitioner
Through: Mr. Irfan Ahmed, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Abhay Prakash Sahay,
CGSC for R-1
Mr. Amit Bansal and Ms. Titasha Banerjee,
Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
% J U D G M E N T (ORAL)
1. Consequent to her having qualified in the All India Post
Graduate Ayush Post-Graduate Entrance Test (AIAPGET) 2018,
securing 67.1 % marks therein, the petitioner applied for admission to
the Post-Graduate course in Homeopathy in various colleges,
including the Respondent No. 3 - College (hereinafter referred to as
"the College"). As there were only four seats in the said course in the
College, however, the petitioner could not secure admission.
2. The petitioner, therefore, took admission in the same course in
the National Institute of Homeopathy, Kolkata, on 29th October, 2018.
3. The process of admission, for the four seats of M.D.
(Homoeopathy), available in the Respondent No. 3 - College,
admittedly, came to an end on 31st October, 2018.
4. After 8th November, 2018, Respondent No. 1 wrote to the
College, allowing the college to start a post-graduation course on the
subject "Materia Medica" with intake of three seats for the academic
Year 2018-19. Following thereupon, Respondent No. 1, vide letter
dated 26th October, 2018, extended the last date/cut-off date, for
effecting admissions to the post-graduate courses in the College, till
15th November, 2018. In other words, it would have been permissible
for the College to effect admissions, against the three additional seats
permitted by the communication dated 8th November, 2018 (supra),
till 15th November, 2018.
5. The case of the petitioner is that, if the said three seats were also
circulated for admission, she would have had a chance to secure
admission thereagainst, given her merit.
6. This Court regrets that it is not in a position to come to the aid
of the petitioner.
7. On 15th November, 2018, the college wrote to Respondent No.
1, stating that it was not possible to effect admissions against the
aforementioned three additional seats by the cut-off date of 15th
November, 2018 and requested, therefore, that the cut-off date be
extended to 30th November, 2018. The Principal of the college, who is
present in person, states that no response was received, by the College,
to the said request.
8. As on today, the date of 30th November, 2018, too, has expired.
9. The prayer of the petitioner is that the College should be
permitted to effect admissions against the three additional seats of
"Materia Medica", following on the communication dated 8th
November, 2018, from Respondent No. 1, and that she should be
granted admission thereagainst.
10. It is not possible for this Court to issue any such mandamus.
While allowing the college to enhance the number of seats, for post-
graduate courses available with it by three, the college was directed to
complete the admission process, thereagainst, by 15th November,
2018.
11. Learned counsel appearing for petitioner submits that this time
was woefully short, as the enhancement of seats was allowed on 8th
November, 2018, and, within seven days, it was hardly possible for
the college to effect admissions against the said three additional seats.
Undoubtedly, there appears to be some merit in the submission.
Unfortunately, however, the college had, probably, for this reason,
written to Respondent No. 1, seeking extension of the period for
effecting admissions till 30th November, 2018. No response,
admittedly, was received, from Respondent No. 1 to the said request.
12. As on today, as the date 30th November, 2018, has been also
expired, the prayers in this writ petition cannot be granted. The writ
has, therefore, necessarily to be dismissed and it is ordered
accordingly.
13. It is clarified, nevertheless, that this judgment would not come
in the way of the college, if it so chooses to apply for further extension
of time to effect admission.
14. The Principal of the College informs me, in this regard, that
similarly situated colleges have, in fact, been permitted to effect
admissions till 31st December, 2018. If that is so, and if a request was
made by the college to Respondent No. 1, this Court is sanguine that
Respondent No. 1 would examine the request with the sincerity and
sympathy it deserves.
15. In the event of any extension of time being granted by
Respondent No. 1 to the college to effect admissions against, inter
alia, the three extra seats of "Materia Medica", this Court reserves the
right, to the petitioner, to re-agitate her claim.
16. Needless to say, this should not be treated as an expression of
opinion of the merits of the petitioner's case and, in case, her claim is
re-agitated as noted hereinabove, it would have to be considered on its
own merits.
17. Subject to the above, the writ petition is dismissed.
C. HARI SHANKAR, J
DECEMBER 05, 2018
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