Punjab-Haryana High Court
Deepika Singh vs State Of Haryana And Anr on 4 September, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:115601-DB
CWP-21773 of 2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-21773 of 2024 (O&M)
Date of decision : 04.09.2024
Deepika Singh
................Petitioner
vs.
State of Haryana and another
.................Respondents
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU
HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Jai Singh Yadav, Advocate for the petitioner.
Mr. Deepak Balyan, Additional Advocate General,
Haryana, for respondent No.1
Mr. Vishal Aggarwal, Advocate and
Mr. Harmanjeet Gill, Advocate for respondent No.2
****
SHEEL NAGU, CHIEF JUSTICE ( Oral )
1. This petition has been filed by an aspirant for admission to the
Course of Master in Dental Surgery.
2. The petitioner had appeared earlier in the NEET-MDS-2024
(Master in Dental Surgeon) and secured 547 Marks out of 960 Marks
securing rank of 1211, vide Score-Card Annexure P-2. The petitioner
thereafter applied for admission to the Course of Masters in Dental Surgery
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under the Category BC.B IP (Institute Preference) i.e. Back Ward Class B-
Category, on the basis of NEET-MDS 2024.
3. First counselling commenced on 01.07.2024. The last round of
counselling is now going to be held on 05.09.2024.
4. The case of the petitioner before this Court is that a revised
Public Notice dated 18.07.2024, vide Annexure P-8, was issued by the
respondent-university and the candidates were asked to submit documents
including the following to be produced on the date of counselling:-
"Creamy /Non-Creamy certificate for
BCA-A/BC-B category candidates as per Govt. Of
Haryana notification No. 40/13/2024-1SW dated
16.07.2024, certificate for the year 21024-25 & issued
after 01.04.2024 should be brought at the time of
Physical document verification."
5. Since the Counselling was fixed for 27.08.2024, the petitioner
applied for the said certificate as per the Revised Public Notice on
24.08.2024. The certificate was though prepared by the authority concerned
but the same could not be uploaded and thus by the time the counselling
was held, in which the petitioner participated, she was not possessed with
the certificate as per the Revised Public Notice. The said certificate as per
the Revised Public Notice was uploaded as late as on 03.09.2024 and thus
the petitioner is before this Court seeking the following relief :-
a) issuance of a writ in the nature of Mandamus
directing to the respondents to allow her admission in
Course of Master in Dental Surgeon, as her Admission
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in Master in Dental Surgeon was not considered on the
ground that petitioner does not hold Latest Backward
Class Certificate, in spite of petitioner is a meritorious
candidate and having the Backward Class Certificate,
which is wrong, arbitrary, biased and is against the
Judgment passed by this Hon'ble High Court in LPA
No. 612 of 2023 dated 09.08.2024 (P-12), and is also
against Article 14 and 16 of the Constitution of India.
b) Further prayed before this Hon'ble High Court to
allow the petitioner to appear in the Next Counselling
which is being held on 05.09.2024, during the
pendency of the writ petition, in the interest of justice.
6. This Court, while taking cognizance of matter, asked Mr. Vishal
Aggarwal, Advocate for the University-respondent No.2, to find out as to
whether the seat is lying vacant or not. After seeking instructions from the
University, he has informed that the seat in the category of the petitioner,
reserved for MDS Pedodontics, PGIDS, Rohtak, is lying vacant and has not
yet been filled up in the earlier counselling.
7. In view of the above, this Court is of the considered view that
since it was not the petitioner's fault, and the original application of the
petitioner on the basis of which she participated in the counselling was
complete and it was only because of the Revised Public Notice dated
18.07.2024 that she did not get the seat due to her and also that fresh caste
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certificate was not uploaded, for reasons not attributed to the petitioner and
further that the seat is lying vacant in the said category, this Court deems it
appropriate to allow this petition with the following direction :-
i) The petitioner be considered against the Pedodontics seat of
PGIDS Rohtak, against the BC.B Category, as if she was in
possession of the said certificate dated 24.08.2024, on the date
when she appeared in the counselling on 27.08.2024 and if
other requirements as per Rules and Regulations are complete,
the petitioner be accommodated on the said seat.
8. With these observations, the petition stands allowed.
( SHEEL NAGU )
CHIEF JUSTICE
( ANIL KSHETARPAL )
04.09.2024 JUDGE
chugh
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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