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Judgment
Vinit Kumar Mathur, J
The petitioner having appeared in All India Ayush Post Graduate Entrance Test (AIAPGET) for academic Session 2023-24, aspiring to get admission in PG course of Ayurveda.
The respondent Coordinator conducted three rounds of counselling and thereafter a mop up round on 12.12.2023.
Whereafter stray vacancy round was held in which the petitioner was present before the concerned Board, however, he was not given admission in spite of the fact that one seat was lying vacant.
The petitioner earlier approached this court by way of filing writ petition being S.B. Civil Writ Petition No.424/2024, which came to be disposed of by this Court vide order dated 15.01.2024 with the direction to the respondents to consider petitioner’s representation in accordance with law.
Petitioner’s aforesaid representation has been rejected by the Counselling Board vide order dated 07.03.2024, inter-alia, indicating that the seat which remained vacant was earmarked for MBC candidate & if petitioner is given admission, there is possibility of disturbance in the merit.
Mr. Khileree, learned counsel for the petitioner argued that indisputably, one seat is lying vacant and keeping it vacant will not only take away candidates’ right, but also restrict the resource of the University. He submitted that in case the petitioner, who is passionate to do the course and is otherwise higher in merit (out of the available candidates for stray round) is given admission, it would be beneficial to all concerned.
Dr. Praveen Khandelwal, AAG appearing for the respondent-Board submitted that the said seat was offered to an MBC candidate, who after admission did not turn up, but however did not dispute the factual submissions made by learned counsel for the petitioner.
Having regard to the facts and circumstances of the case, this Court is of the view that interest of justice would be better served if the petitioner is accorded admission in Ayurveda PG course. Keeping the seat vacant serves nobody’s cause – it is a wastage of resources.
The respondent – Counselling Board is therefore directed to allot appropriate college/University to the petitioner for pursuing his PG course against Stray vacant seat for academic Session 2023-24.
Needless to observe that the fact that the petitioner is being given admission by this Court at a later point of time, will not create any equity in his favour and the petitioner will be required to fulfill requisite attendance criteria of the respondent-University for being eligible to appear in the examinations. The petitioner shall obviously be required to pay applicable fee and charges.
Writ petition so also stay petition stand disposed of accordingly.