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2020 Supreme(Raj) 80

SABINA, NARENDRA SINGH DHADDHA
Union of India – Appellant
Versus
Rahul Kumar Sharma – Respondent


Advocates Appeared:
For the Appellant : R.D. Rastogi, Additional Solicitor General, Manjeet Kaur and Anees Khandelwal, Advs.
For the Respondents: Vikas Jain, Adv.

ORDER :

1. Appellant has filed this appeal challenging the order dated 09.09.2019 passed by the learned Single Judge, whereby writ petition filed by the respondent No. 1 was allowed.

2. Learned counsel for the appellant has submitted that the respondent No. 1 had taken All India Ayurveda Post Graduation Entrance Test, 2019. Examination was conducted on 14.07.2019 and result was declared on 29.07.2019. Respondent No. 1 had filled in his form that he belonged to General Category. Since, respondent No. 1 could not get the seat in General Category as per his merit, thereafter, he filed the writ petition seeking admission in Economically Weaker Section (hereinafter referred to as "EWS") category.

3. Learned counsel for the appellant has further submitted that all admissions have already been completed by 30.11.2019. Learned Single Judge has erred in allowing the writ petition as the respondent No. 1 had taken the examination in General Category. Thereafter, on declaration of the result, respondent No. 1 could not change his category. Moreover, appellant had no infrastructure to create extra seats to accommodate the persons belonging to EWS category. Although, as per Annexure-R1, office mem

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