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2023 Supreme(Raj) 702

PUSHPENDRA SINGH BHATI
Divyanshu Meena S/o. Hemchand Meena – Appellant
Versus
Union of India, Through the Secretary, Department of Higher Education, Ministry of Education Erstwhile Ministry of Human Resources Development (Mhrd) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manvendra K.S. Bhati a/w Mr. Aditya Sharma.
For the Respondent: Mr. Sanjeet Purohit, Mr. Prakash Raika for Mr. Mukesh Rajpurohit, Dy. S.G.

JUDGMENT :

1. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs :

    “It is, therefore, respectfully prayed that this Writ Petition may kindly be allowed:-

i. the petitioner may be given his initial chosen and allotted seat for pursing degree of Energy Engineering (4 years, Bachelor of Technology) at Indian Institute of Technology, Delhi under ST category for the current academic year.

ii. the petitioner may be allowed to be part of subsequent counselling rounds (including submission of admission fees) in order to achieve higher preference as in accordance with the “Float” option he had selected.

iii. any appropriate order or direction, Respondents may be directed to provide vacant seat to the petitioner, which may be higher than the initially allocated seat, if it is found vacant at the end of Round 6.

iv. any appropriate order or direction, which this Hon’ble Court considers just and proper looking to the facts and circumstances of this case, may kindly be passed in favor of the Petitioner.”

2. As per the pleaded facts, the petitioner is a student, who attempted both Joint Entrance Exam-Mains (JEE-Mains)-for admission in NIT

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