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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11356/2023 and CM APPL.44149/2023, 44150/2023 Date of Decision: 28.08.2023 IN THE MATTERS OF:

DHAIRYA KUMAR JINDAL AGED ABOUT 19 YEARS S/O DR. SUNIL KUMAR JINDAL R/O JINDAL HOSPITAL, 376, SHIVAJI ROAD, MEERUT, UTTAR PRADESH - 250001 ..... PETITIONER Through: Mr. Sulaiman Mohd. Khan, Mrs.Taiba Khan, Mr. Madhav Bhatia, Mr.Bhanu Malhotra, Mr.Abhishek Arora, Mr.Gopeshwar Singh Chandel and Mr.Abdul Bari Khan, Advocates.

Versus UNION OF INDIA THROUGH MINISTRY OF EDUCATION SHASTRI BHAWAN, NEW DELHI .....RESPONDENT NO.1 UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110002 .....RESPONDENT NO.2 MEDICAL COUNSELLING COMMITTEE NIRMAN BHAWAN, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, DELHI 110001 .....RESPONDENT NO.3 Signature Not Verified Signature Not Verified Digitally Signed By:NEHA Digitally Signed [2]

GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY THROUGH ITS VICE CHANCELLOR, GOLD COURSE ROAD, SECTOR

16C, DWARKA, NEW DELHI -

110078 .....RESPONDENT NO.4 DR. BABASAHAB AMBEDKAR MEDICAL COLLEGE THROUGH ITS DEAN/PRINCIPAL SECTOR 6 ROAD, NEAR METRO STATION, ROHINI, NEW DELHI

110085 .....RESPONDENT NO.5 NORTH DELHI MUNICIPAL CORPORATION MEDICAL COLLEGE THROUGH ITS DEAN/PRINCIPAL MALKGANJ, KAMLA NEHRU RIDGE, CIVIL LINES, NEW DELHI - 110007 .....RESPONDENT NO.6 Through: Mr.JPN Shahi, SPC with Mr.Vinod, GP for R-1.

Mr.Apoorv Kurup and Ms.Kirti Dadheech, Advocates for R-2.

Mr.Tushar Sannu, SC with Mr.Nihar Ranjan Singh, Advocates for R- MCD.

Mr.Harsh Kaushik and Mr.Arpit Srivastava, Advocates for R-4.

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. The petitioner, vide the instant writ petition has prayed for the following reliefs:-

Signature Not Verified Signature Not Verified Digitally Signed By:NEHA Digitally Signed [3]

“i. Issue a suitable Writ/Direction/Order to Respondent No. 4 to carry on Round 2 Counselling in its affiliated colleges Respondent No. 5 and Respondent No. 6 strictly as per merit;

ii. Issue a suitable Writ/Direction/Order to Respondent No. 4 to reset the choices of colleges to be filled by interested candidates with respect to Round 2 Counselling without automatically carrying forward the choices of colleges submitted by candidates in Round 1 Counselling and to obtain fresh choices by the candidates before declaring the results of selected candidates for Round 2;

iii. Direct Respondent No. 3 to extend the last date for surrender/resignation from the seat allotted to the Petitioner in Round

2 Counselling conducted by Respondent No. 3 beyond 31.08.2023.”

2. Learned counsel appearing for the petitioner submits that the petitioner appeared in the NEET (UG)-2023 Examination and secured 660 marks out of 720 marks. His All India Rank is 4796. Pursuant to the result, the petitioner applied for a seat in MBBS course, 2023 in respondent no.4- University which conducts the counselling for respondents nos.5 and 6-

Colleges, affiliated thereto.

3. Learned counsel appearing on behalf of the petitioner points out that the process adopted by respondent no. 4-University for the second round of counselling inasmuch as it relates to automated carrying forward of choices filled by the candidates in the first round of counselling, is illegal and improper and the same is resulting in compromising the merit position of the successful interested candidates. He, therefore, submits that the candidates, who have filled up their choices in the first round of counselling, be again asked to fill their fresh choices.

4. Learned counsel for the petitioner, while placing reliance on the notification for schedule of registration for centralised counselling, dated Signature Not Verified Signature Not Verified Digitally Signed By:NEHA Digitally Signed [4]

17.08.2023 points out that the process for filling/ editing/ modification of choices/ preferences for round two of counselling started on 21.08.2023 and continued till 23.08.2023. According to him, those candida