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Judgment
SUDEEPTI SHARMA, J. (Oral)
The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to allot/give free seat to the petitioner in the Bachelor of Physiotherapy degree course run by respondent No.1 for the session 2001-2002.
On 04.09.2003, the Division Bench of this Court passed the following order:-
“Learned counsel for the petitioner submits that the petitioner is entitled to be allotted a free seat as the candidates at Sr.Nos.2 and 20 of the merit list have left the College. The petitioner was at Sr.No.21. The last free seat was given to the candidate at Sr.No.20. After the candidate at Sr.No.20 left the College, the free seat is lying vacant and, therefore, the petitioner is entitled to the same.
Learned counsel appearing for respondents no.1 and 2 submits that the petitioner having been admitted against a payment seat, cannot be permitted to change the category from payment seat to free seat, even though the free seat has been vacated by the candidate at Sr.No.20. He submits that the petitioner could have been permitted to change the category only if the candidates at Sr.Nos.2 and 20 of the merit list had remained absent from seven consecutive working days from the start of the classes. Only then, the petitioner would be entitled to the benefit of Clause IV (K) (6) of the Prospectus. Prima facie, we are unable to agree with the submissions made by the learned counsel for the respondents. However, the learned counsel for the respondents insists that the aforesaid Clause of the Prospectus needs to be interpreted for the future guidance of the respondents. In view of the above, the writ petition is admitted.
As an interim measure, the respondents are directed to allot the seat vacated by the candidate at Sr.No.20 to the petitioner, during the remainder of the course i.e. the petitioner will be required to pay fees against the free seat. The respondents will not insist on payment of the fee which is meant for payment same the seat. At the time, it is made clear that the petitioner will not claim refund of the fees already paid for this Session.
Copy of this order be given dasti under the signature of the Reader of this Bench.”
Learned counsel for the petitioner contends that petitioner has already completed the course during the pendency of the present writ petition.
In view of the statement made by learned counsel for the petitioner, nothing survives in the present writ petition and the same is dismissed as having been rendered infructuous.
Dismissed as infructuous.
All the pending miscellaneous applications, if any, are also disposed of.