SATPAL SINGH Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) These two appeals involving identical question of fact and law are directed against order dated 27-7-99 passed in CWP 2670/99 and order dated 7-8-99 made in Review application 56/99 and are being disposed of by this common order.

(2.) Dr. Satpal Singh (one of the Appellants) and Dr. Kanwaljeet Singh (writ petitioner) are fighting it out for one seat in a two year M.C.H. Super Speciality Post Doctoral Course in Gastroenterology discipline for the Session 1999-2001. Both took entrance examination comprising written test and viva voce carrying 300 total marks. Former scored higher marks in viva and the other in written examination but both obtained 184 marks in aggregate out of 300 resulting in a tie.

(3.) Dr. Satpal Singh was, however, selected and Kanwaljeet dropped. He felt aggrieved and filed CWP 2670/99 claiming that he was more meritorious and possessed better experience and yet Delhi University (the other Appellant) had excluded him from selection without recourse to any criteria or guideline and that he was meted out differential treatment in violation of his rights under Article 14. He accordingly prayed for a mandamus to the University to admit him to the course and did not seek quashment of selection of Satpal Singh.