WPMS/1273/2018
2021 Latest Caselaw 2263 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 6THDAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1273 of 2018
BETWEEN:

Dr. Mahendra Singh Rai                   ...Petitioner

     (None present for the petitioner)

AND:

State of Uttarakhand & others            ...Respondents

     (Mr. T.S. Phartiyal, learned Additional C.S.C. for the
     State of Uttarakhand & Ms. Reema Rana, Advocate
     holding brief of Mr. Parikshit Saini, learned counsel for
     respondent no. 4)

                       JUDGMENT

1. By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to permit the petitioner to fill his choices and accordingly participate in the Revised Second Round of Counseling for admission to Post Graduate Courses in Medical Colleges of the State and further direct the respondent no. 3 to open the portal for the petitioner for permitting him to get himself registered and thereafter to participate in the revised second and further rounds of counseling for the purposes of obtaining admission in PG Courses of his choice.

2. A coordinate Bench of this Court had passed an interim order on 07.05.2018 to the following effect:-

"Considering that the petitioner has obtained over and above the minimum marks and is presently required to participate in the counselling, as an interim measure, it is directed that he shall be provisionally

permitted to participate in the second round of counselling.

Mr. Shailendra Nauriyal, learned counsel for the Hemwati Nandan Bahuguna Uttarakhand Medical Education University has assured this Court that registration of the petitioner shall be done today itself.

Let a certificate copy of this order be issued today itself on payment of usual charges."

3. No counter affidavit has been filed by any of the respondents and there is no representation for respondent no. 3 today.

4. Perusal of the writ petition indicates that petitioner is seeking admission in Post Graduate Medical Course during Academic Session 2018-19.

5. More than three years have gone by since filing of the writ petition. The relief, as claimed in the writ petition, cannot be granted at this belated stage, that too for the Academic Session 2018-19.

6. In such view of the matter, the writ petition has now become infructuous.

7. Accordingly, the writ petition is dismissed as infructuous.

(MANOJ KUMAR TIWARI, J.) Aswal