A candidate seeking admission must demonstrate diligence in pursuing remedies to secure relief; failure to do so, even in light of procedural issues, results in denial of admission rights.

JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J. The appeal impugns the judgment dated 14th January, 2021 of dismissal of W.P.(C) No.10398/2020 preferred by the appellant, seeking admission in the MBBS course in one of the colleges of the respondent no.4 University of Delhi (University), in the Academic Year 2020-21.

2. The appeal came up first before this Court on 1st February, 2021 and thereafter before us on 5th February, 2021, when finding the counsels for the respondents to be appearing on advance notice and on being informed that the last date for admission stood extended, we, without prejudice to the rights and contentions of the parties, requested the counsel for the University to check whether any of the seats in any of the medical colleges in Delhi had since fallen vacant, for the reason of the incumbent having not joined or for any other reason; the matter accordingly was adjourned to 9th February, 2021. On 9th February, 2021, it was informed that though two of the seats were vacant but had been reserved for admission of students from the Ladakh region and were not for the category in which the appellant was seeking admission; after hearing the counsels to some extent, the hearing was adjourned to today. We have further heard the counsels today. We have further been informed that today is the last date for admission in the MBBS course of the colleges of University.

3. The case, as set up by the appellant in the writ petition, was/is (i) that the father of the appellant, an Indian Police Service Officer, on 3rd July, 2007 was awarded Police Medal for Gallantry, on 2nd July, 2008 was awarded the 1st Bar to Police Medal for Gallantry and on 16th December, 2009 was awarded the 2nd Bar to Police Medal for Gallantry; (ii) that in view of the same, on 13th May, 2019, the Ministry of Home Affairs, Union of India issued a Educational Concession Certificate certifying that the appellant was eligible for educational concession for admission in the University against the Armed Forces quota, under Priority-V; (iii) that the appellant appeared in the National Eligibility-Cum-Entrance Test - UG (NEET) of the year 2020 and on declaration of result thereof on 16th October, 2020, the "Counselling Scheme and FAQs for NEET-Under-Graduate Courses (MBBS/BDS) 2020-21" (the Scheme) was published by the respondent no. 1 Directorate General of Health Services; (iv) that the said scheme provided for reservation for CW candidates i.e. children/widows of the personnel of Armed Forces; (v) that around the same time, the Bulletin of Information for Admission to Undergraduate Courses (2020-21) was published by the Faculty of Medical Sciences (FMS) of the University, for NEET (UG-2020) and which provided for reservation for the Armed Forces personnel, more particularly for wards of serving/Ex-servicemen including personnel of police forces who are in receipt of the Gallantry Awards falling in Priority-V (x), in which the appellant falls; (vi) that the appellant qualified NEET-UG with total Percentile Score of 74.4041997; (vii) that the FMS, University issued a notice dated 19th October, 2020 requiring the candidates to submit, the documents relating to CW concession/entitlement, on the portal of the University or by visiting the website of FMS, wherein the provisions were made only for Defence and Para Military categories and which were contrary to the Bulletin of Information of FMS; (viii) that on 22nd October, 2020, when the appellant attempted to upload her documents, there were only `Defence' and `Para Military' categories