JUDGMENT :

M.R. SHAH, J.

1. The issue arises for consideration is whether a student, a meritorious candidate, for no fault of his/her and who has pursued his/her legal right expeditiously without delay, can be denied admission as a relief, because the cutoff date of 30th September has passed. In such a situation the relief which can be given by the Court is to grant appropriate compensation only?

2. Having noticed the conflict between the pronouncement of this Court in Asha vs. Pt. B.D. Sharma UHS, (2012) 7 SCC 389 and Chandigarh Admn. vs. Jasmine Kaur, (2014) 10 SCC 521, the aforesaid issue is referred to a larger Bench.

3. At the outset, it is required to be noted that in the present case, in spite of submitting the necessary material in support of the claim of the appellant for reservation in the sports and game category for admission into MBBS Course, she was denied due priority in admission into MBBS Course. Therefore, the appellant immediately approached the High Court seeking admission in the reserved quota of sports and games category. However, it was found that at the time the petition was heard, the Academic Session for the year in question already commenced from 01.09.2015 a