W.P.(C) Nos.5569 & 6554/2011

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) Nos.5569/2011 & 6554/2011

Reserved on: 06.03.2012

Decided on: 16.03.2012

IN THE MATTERS OF

W.P.(C) 5569/2011

SANA-UR-REHMAN

..... Petitioner

Through:

Mr.Ram Prakash Gupta and

Mr. A.J. Khan, Advocates

versus

UNIVERSITY OF DELHI & ORS.

..... Respondents

Through:

Mr. Mohinder Rupal and

Ms. Shawana Bari, Advocates for

Respondents No.1 & 2.

Mr. Jai Bansal, Advocate for

Mr.Adnan Mastan/Impleader.

A N D

W.P.(C) 6554/2011

ADNAN MASTAN

..... Petitioner

Through:

Mr. Jai Bansal, Advocate

versus

UNIVERSITY OF DELHI AND ORS

..... Respondents

Through:

Mr. Mohinder Rupal & Ms. Shawana Bari,

Advocates for Respondents No.1 & 2

Mr. Rajeev Saxena, Advocate for

Respondent No.3.

Mr. Ram Prakash Gupta & Mr. A.J. Khan,

Advocates for Respondent No.4.

CORAM

HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.

1.

This common judgment shall dispose of two writ petitions,

wherein both the petitioners have sought issuance of directions to

2012:DHC:1858

W.P.(C) Nos.5569 & 6554/2011

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respondent No.1/Delhi University to admit them to the Mahir-E-Tib(MD)

Unani Course in the academic session 2010-11.

2.

To a large extent, the factual background of both the petitions is

identical. The petitioner in WP(C) No.5569/2011, i.e.,

Dr.Sana-Ur-

Rehman(hereinafter referred to as`Dr.Sana’) and the petitioner in WP(C)

No.6554/2011, i.e., Dr.Adnan Mastan(hereinafter referred to `Dr.Adnan’)

qualified their BUMS Course from Delhi University. While Dr.Sana

completed the BUMS Course and Surgery Examination in the year 2007,

Dr.Adnan completed his course in the year 2010. In April-May 2011,

respondent No.1/Delhi University invited applications for admissions to

Mahir-E-Tib(MD) Unani and Ayurved Vachaspati(MD) Ayurved for the

academic session 2010-11. Allotment of seats under Mahir-E-Tib is made

by the Government of India and the number of seats offered each year is

also settled by the Government who forwards this information to respondent

No.1/Delhi University and accordingly the process of admission is

undertaken. For the academic year 2010-11, the Government of India had

released eight seats in four courses for admission, and communicated the

same to respondent No.1/Delhi University in October 2010. Admission to

Mahir-E-Tib(MD Unani) in A & U Tibbia College, University of Delhi is made

through an entrance examination (PGMET-2010 A &D) conducted by the

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W.P.(C) Nos.5569 & 6554/2011

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Faculty of Ayurvedic and Unani Medicine, University of Delhi. In Mahir-E-Tib,

a total of four courses were offered for admission in the said year , which are

as below:-

(a)

Amraz-E-Niswan Wa Qabalat

(b)

Ilmul Saidla

(c)

Moalejat

(d)

Munaful Aza

3.

Pertinently, in the previous academic year 2009-2010, the

Government of India had released only two seats in Mahir-E-Tib Unani in the

discipline of Moalejat. However, in the next academic year 2010-11, the

Ministry of Health and Family Welfare had released a total of nine seats in

Mahir-E-Tib Unani Course in all the four disciplines, of which eight seats

were allocated under 85% Delhi University quota and the ninth seat was

released under the All India quota.

4.

The Bulletin of Information for the academic year 2010-11

issued by respondent No.1/Delhi University had laid down the schedule

of important dates as also general instructions for admission.

The postgraduate courses with intake capacity under Mahir-E-Tib Unani were

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W.P.(C) Nos.5569 & 6554/2011

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declared as below:-

(i)

Amraz-E-Niswan Wa Qabalat - 02(Two seats)

(a)

Ilmul Saidla

- 03(Three seats)

(b)

Moalejat

- 02(Two seats)

(c)

Muna