The withdrawal of an allotment order and subsequent actions by the authorities must adhere to principles of natural justice and fairness. Advantage gained by illegal means should not be permitted to be retained.

N. Kumar, J.

1. The petitioner has preferred this writ petition impugning the proceedings of the 2nd respondent, under which it has proceeded to withdraw the candidature of the petitioner and replace it with the 4th respondent, by issuance of allotment Order dated 29.09.2015 as per Annexure-"F" and to declare that the same is without authority of law and unenforceable and therefore, it is liable to be set aside and for other consequential reliefs.

2. The petitioner obtained a Bachelor's Degree of MBBS from Mysore Medical College. Thereafter, she was selected to the Post-Graduate study of M.S. OBG., from JIPMER., Pondicherry between 2011 and 2014. Thereafter, she was appointed as a Senior Resident from May 2014 and worked till 10.01.2015 at the same place. After participating in the entrance examination followed by an interview, she was selected for Fellowship at Kidwai Memorial Institute of Oncology and has worked as a Fellow in the Department of Gynaec Oncology. While she was working, she applied for the Common Entrance Test for Post-Graduate Courses being conducted by the 2nd respondent for all the Super Specialty Courses in various Autonomous Institutions. The written examination was conducted on 28.06.2015 followed by viva-voce on 23.07.2015. On the basis of her performance in the Entrance Test and viva-voce and in terms of her merit, she was allotted a seat at the 3rd respondent institution for the Super Specialty Course in M.Ch. Gynaec Oncology for the Academic Year 2015-16 and an allotment order dated 28.07.2015 was issued by the 2nd respondent. After such selection, she was relieved from her Fellowship in Gynaec Oncology from the 3rd respondent institution under an Official Memorandum dated 31.07.2015.

3. It is her case that, to her surprise, on 25.08.2015 she received a telephone call from Sri. Dinesh, Deputy Registrar to come and meet him at the University Office on the same day in connection with her Course of study. When she appeared and met the Deputy Registrar, she was informed that the 4th respondent, who was wait-listed as selected candidate - W.L. 1, had filed an RTI application and having got the details of the award of marks in the viva-voce has expressed certain grievances and she was advised that she should voluntarily withdraw from the course of study so as to accommodate the 4th respondent, who was stated to be the daughter of one Sri. Rathan Lal Gupta, a highly placed official in the Central Government. It was informed that they were under some pressure from the Authorities of the Central Government to review the selection and therefore to avoid any complication, she should voluntarily surrender her seat. She was also taken to the Vice-Chancellor's chamber, who also advised her to abide by the request being made by the Deputy Registrar. She pointed out that she was selected on her merit and there was no cause for such action. Thereafter, again she was called on 23.09.2015, informing her over the phone that she was supposed to be present with relevant documents to a meeting to which she is alleged to have been called, under a notice dated 16.09.2015. When she pointed out that she had not received any such notice, she was called to be present on that evening itself. When she arrived at 5.00 p.m., she was handed over a Meeting Notice dated 16.09.2015. She was taken to a hall, where certain officials of the University including the Vice-Chancellor were present. She was asked to make her statement/grievances, if any, against Dr. Renuka Gupta. She pointed out that she had neither made any grievances against the 4th respondent as per the Meeting Notice dated 16.09.2015 nor she is required to submit any objection letter stating the points against Dr. Renuka Gupta. She also pointed out that she was not aware what was happening and she may be properly apprised of the circumstances or the materials that