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Judgment
Even though on 19.7.2013 this case was directed to be listed on 9.8.2013, but on a mention made by Shri Siddharth Gupta, learned counsel for respondent No. 5 and the urgency indicated, matter was directed to be listed today. Petitioners were students, who had appeared in the Post Graduate Entrance Examination for admission to the Dentistry (M.D.S.) course which was conducted by the Professional Examination Board in March, 2012 for the Academic Session 2012-2013. Petitioners faired well in examination and against the 6 seats available with respondent No. 5 college, petitioners were directed to seek admission and they were allotted college of respondent No. 5 for the admission for the course in question. However, it seems that there were some dispute between the respondent No. 5 college and the State Government in the matter of quota fixed and allotment of seat i.e. between management quota, government quota etc. and matter was subjudice in a writ petition before this Court being W.P. No. 5498/2012. Various confession took place during the pendency of the matter and petitioners right to seek admission in the institute in question was frustrated, as a result, they approached this Court.
During hearing of the matter, on the last date, it transpired that petitioners were not granted admission, even though the State Government had allotted them seats in the college of respondent No. 5 and when it was found that inspite of notice and repeated adjournment being granted respondent No. 5 was not coming out with any reply and given any categorical say in the matter, coercive steps was initiated and this Court directed the Director Medical Education to issue notice to respondent No. 5 institute to show cause as to why permission granted to the Institute should not be withdrawn and they were also directed to keep two seats vacant for which counseling were in progress.
Today respondent No. 5 had appeared through their counsel Shri Siddharth Gupta, who had filed a detailed reply explaining their position.
Be that as it may be, now due to certain development that had taken place it is not necessary for this Court to go into various aspect of the matter for the simple reason that for current academic session 2013-2014 as counseling is already in progress, respondent No. 5 has came out with submission before this Court that they are willing to accommodate one of the candidate in a seat available with them under the management quota and so far as second candidate is concerned, it is submitted by Shri Gupta that this Court may consider to accommodate the said candidate either in state quota or pass any other order.
On such preposition being made, learned counsel for the petitioner submitted that so far as petitioner No. 1 is concerned, he is no more interested in admission as he has already being admitted in some other course and he does not seek any indulgence in the matter. That being so, it is only petitioner No. 2 Govind Rawat, who is now required to be admitted. As respondent No. 5 institute is willing to grant admission to one of the student in a seat available under management quota for the academic session 2013-2014, respondent No. 5 is directed to allot the said seat to petitioner No. 2 Govind Rawat. As the counseling is already in progress, respondent No. 2, if he reports with copy of the order in the institute of respondent No. 5, respondent No. 5 shall grant him admission under the management quota in accordance to allotment made to the institute by the competent authority for the session 2013-2014. Respondent No. 2 & 3 are also directed to ensure that admission of petitioner No. 2 Shri Govind Rawat in the institute of respondent No. 5 for current academic session 2013-2014 is regularized.
This court is constrained to pass the aforesaid order in this case as petitioner Shri Govind Rawat has been selected on merit in the examination conducted in the year 2012-2013 and he has been denied admission only because of some dispute between the State Government and the Institute in question.
In view of the aforesaid order passed and the fair action of the institute in question, the order passed on last date i.e. on 19.7.2013 directing respondent No. 2 the Director Medical Education to issue show cause notice to respondent No. 5 institute is recalled and the said respondent No. 2 is directed not to proceed any further in the matter.
Keeping in view the aforesaid directions as contained hereinabove, this petition stands disposed of. Certified copy to the parties during the course of the day.