WP (C) 3893-2012

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 3893/2012

%

Judgment dated 10.07.2012

ARVIND KUMAR AGRWAL

..... Petitioner

Through : Mr.Dinesh Agnani, Sr. Adv. with

Ms.Leena Tuteja and Mr.Archit

Vasudeva, Advs.

versus

NATIONAL BOARD OF EXAMINATION AND ANR ..... Respondent

Through : Mr.Rakesh Gosain, Advocate for the

respondent no.1.

Ms.Sweety Manchanda, Adv. for

respondent no.2.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J (ORAL)

1.

Petitioner has filed the present writ petition under Article 226 of the

Constitution of India seeking a writ of mandamus directing respondents to

allow the petitioner to join the allotted seat with respondent no.2 in the

specialty of Radio Diagnosis for the academic session 2012-2013.

2.

Issue notice to show cause as to why petition be not admitted. Mr.Ramesh

Gosain, Advocate, accepts notice on behalf of respondent no.1 and

Ms.Sweety Manchanda, Advocate, accepts notice on behalf of respondent

no.2.

3.

With the consent of counsel for the parties, writ petition is set down for

final hearing and disposal.

4.

The necessary facts, to be noticed for disposal of the present writ petition,

2012:DHC:4200

WP (C) 3893-2012

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are that the petitioner, who is a qualified Doctor and was desirous of

pursuing Post Graduation in the DNB Course, applied in the National

Board Centralised Entrance Test for the Post Graduate course for

admission to DNB, January, 2012, held by respondent no.1. The petitioner

appeared in the Centralised Entrance Test examination conducted by

respondent no.1 on 11.12.2011. The petitioner qualified the test and

secured 148^th rank. In March, 2012, petitioner was called for the first

round of CET Centralised Counselling. The petitioner appeared for the

first round of counselling but did not opt for any seat in the first

counselling. On 1.6.2012 respondent no.1 displayed the list of available

seats for the second round of centralized counselling. On 7.6.2012, the

petitioner resigned from the allotted seat in MD (TB & Chest) at SMS

Medical College, Jaipur, which was accepted by the Office Order dated

8.6.2012. In the second round of counselling, which was held on

12.6.2012, the petitioner opted for the seat appearing at Serial No.97 of

the seat Matrix for the specialty of Radio Diagnosis available with

respondent no.2 and he was given an allotment letter. On 13.6.2012

petitioner reported to respondent no.2 for joining on the allotted seat and

he was informed to pay the requisite fee as well as furnish an

affidavit/undertaking. On 15.10.2012, when the petitioner approached

respondent no.2 with the requisite demand draft and documents,

respondent no.2 refused to allow the petitioner to join on the ground that

the seat allotted to him, belongs to ST category whereas the petitioner

belongs to a General category. The requests made by the petitioner to both

respondents no.1 and 2 did not achieve any result, which has led to the

filing of the present writ petition.

5.

Learned senior counsel for the petitioner submits that the petitioner has

already resigned from the seat allotted to him in MD (TB & Chest) at

2012:DHC:4200

WP (C) 3893-2012

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SMS Medical College, Jaipur, as the seat was available with respondent

no.2 and an allotment letter has also been given to him. Counsel further

submits that a right has been created in favour of the petitioner, which

cannot be taken away, especially, in view of the fact that the seat under

the ST category is lying vacant and none has claimed the same.

6.Learned senior counsel for petitioner, to persuade this Court, has relied

upon P.V. Indiresan (2) v. Union of India And Others, reported at (2011)

8 SCC 441, wherein the Supreme Court of India has allowed the Central

Educational Institution to fill