Delhi High Court
Shikhar Gupta vs Union Of India & Ors on 22 August, 2019
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:22nd August, 2019
+ LPA 507/2019 and CM Appl. No. 35243/2019 (stay)
SHIKHAR GUPTA ..... Appellant
Through: Mr. Sunil Dutt Dixit and Ms.
Yukti, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. K.V. Sreemithun, Sr. Panel
Counsel for respondent nos. 1
to 3
Mr. Jasbir Bidhuri, Adv. for
respondent no. 4
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 22.08.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. This Letter Patents Appeal (LPA) has been preferred against the
judgment and order delivered by the learned Single Judge in W.P.(C)
No. 8147/2019 on 29th July, 2019 (Annexure P-1 to the memo of this
LPA), whereby the learned Single Judge has not granted leniency to
this appellant (original petitioner) for a change in the choice of
medical college, which was allotted in the second round of counselling
in the admission process of MBBS.
2. Having heard the counsel for the appellant (original petitioner)
and looking into the facts and circumstances of the case, it appears
that this appellant (original petitioner) is in search of admission in
MBBS in the year 2019. The All India Quota rank in the unreserved
category of this appellant (original petitioner) is "45" and he registered
himself for counselling process on 27th June, 2019. During the
counselling process, the first choice was filled up as Maulana Azad
Medical College, Delhi and second choice was given as Vardhman
Mahavir Medical College and Safdarjung Hospital, Delhi.
3. This appellant (original petitioner) got admission in Vardhman
Mahavir Medical College and Safdarjung Hospital, Delhi. He
deposited the amount of Rs.36,000/- and got his provisional admission
letter, which was issued on 2nd July, 2019.
4. From the admission process, it appears that those students, who
got admission after the first round of counselling in any medical
college, can also fill up their choices of medical colleges in second
round of counselling. After getting provisional admission in
Vardhman Mahavir Medical College and Safdarjung Hospital, Delhi,
it was optional for the appellant to go for the second round of
counselling. However, for reasons best known to the appellant, this
appellant had opted for second round of counselling.
5. In the second round of counselling, his first choice was Maulana
Azad Medical College, Delhi and second choice was Vardhman
Institute of Medical Sciences (VIMS), Nalanda, Bihar. However, it
has been submitted by counsel for the petitioner that the second choice
was marked by an oversight, and that the appellant clicked on
Vardhman Institute of Medical Sciences, Nalanda, instead of
Vardhman Mahavir Medical College and Safdarjung Hospital, Delhi
only because of the similarity of the names of both institutes.
6. Now, as per the rules of counselling for admission in MBBS, if
any student goes for the second round of counselling and if he gets
admission in any of the medical colleges of his choice in the second
round of counselling, automatically provisional admission, obtained in
the first round of counselling, will be deemed to have been cancelled.
7. In view of the aforesaid provisions, as this appellant (original
petitioner) got admission in Vardhman Institute of Medical Sciences
(VIMS), Nalanda, which was one of his choices of medical colleges in
the second round of counselling, his provisional admission in
Vardhman Mahavir Medical College and Safdarjung Hospital, Delhi
was automatically cancelled.
8. Much has been argued by the counsel for the appellant (original
petitioner) that there was an unintentional error committed by the
appellant in clicking the choice of medical colleges in the second
round of counselling and hence, the appellant may be allowed to
change/alter his choice of medical college. We are not in agreement
with this contention of the learned counsel for the appellant, mainly
for the following reasons:-
(a) As per the rules of admission in MBBS, if any student, who has
got provisional admission in the first round of counselling and opts for
the second round of counselling, and if he gets admission in any of the
medical colleges of his choice, which he has mentioned in the second
round of counselling, automatically, provisional admission, obtained
in the first round of counselling, is cancelled.
(b) We see no reason to alter the aforesaid rules of admission in
MBBS while exercising our powers under Article 226 of the
Constitution of India.
(c) If such leniency beyond law is sought by the appellant from this
Court, then, a number of cases of students bemoaning their wrong
choice can approach the Court, inasmuch as there shall be reshuffling
of the choice of medical colleges by these students. This will lead to
upsetting the settled admission process of MBBS. This may further
lead to continuation of the said admission process for an infinite or
indefinite period of time. Such an approach ought not to be adopted
by the Court. Once the cut-off date is over, no alteration can be made
in the choice of medical colleges.
(c) Apart from that the admission process is already over and
students have already got admission in Vardhman Mahavir Medical
College (VMMC) and Safdarjung Hospital, Delhi, as well as in
Vardhman Institute of Medical Sciences (VIMS), Nalanda. If
leniency is shown to this appellant for a change of choice of medical
college, admitted students will have to be affected, or they may also
give their altered choice for admission in medical colleges and again,
for those students, who have already been admitted, leniency will have
to be shown.
(d) It further appears, from the rules of the admission in a medical
college, that if any student does not complete the admission process,
after getting admission in the second round of counselling, then
admission in the second round of counselling will also be
automatically cancelled. Thus, in this eventuality, this appellant
would not get admission, neither in the medical college where
provisionally he had obtained admission i.e. in Vardhman Mahavir
Medical College and Safdarjung Hospital, Delhi in the first round of
counselling nor he can get admission in Vardhman Institute of
Medical Sciences (VIMS), Nalanda. Thus, as per the rules of
admission in MBBS, the appellant cannot alter his choice of medical
college, which he has filled up in the second round of counselling.
9. The aforesaid aspects of the matter were properly appreciated
by the learned Single Judge, while deciding the writ petition, being
WP(C) No. 8147/2019, vide judgment and order dated 29th July, 2019
(Annexure P-1). We are in agreement with the reasoning given by the
learned Single Judge while deciding WP(C) No. 8147/2019; hence,
there is no substance to interfere with the reasoning of the learned
Single Judge and entertain this Letter Patents Appeal, and the same is
dismissed.
CM No. 35243/2019
10. In view of the orders passed in this appeal, this application
stands disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
AUGUST 22, 2019
r.bararia
