SAURABH Vs. GNCT OF DELHI

JUDGEMENT

(1.) The petitioner, belonging to Scheduled Caste, had appeared for the examination held by the respondent no.2 University of Delhi for admission to MBBS course. The petitioner secured rank 217. The petitioner was called for counseling on 9th July, 2010. The counsel for the respondent University informs that the counseling was scheduled to be held and held till 1430 hours only on that date. The petitioner failed to attend the counseling session. Under the Rules of the University of Delhi, a candidate who fails to attend the counseling forfeits his seat. It is the case of the petitioner that candidates with rank up to 238 were admitted and hence but for his failure to attend the counseling he is entitled to be admitted to the MBBS course in the Maulana Azad Medical College or the University College of Medical Sciences as per his rank.

(2.) The petitioner filed this petition stating that he is ordinarily a resident of Samastipur in Bihar, had gone to Shirdi for pilgrimage and then went to Mumbai to travel back to Delhi for counseling on 9 th July, 2010; that he undertook the train journey on 5th July, 2010 and reached Delhi on 6th July, 2010; that on 9th July, 2010 he was suddenly afflicted with severe abdominal pain and owing whereto he could not attend the counseling. It is further the case of the petitioner that in the past also he used to suffer frequent abdominal pains and was under treatment in Moolchand Hospital and had been referred to All India Institute of Medical Sciences (AIIMS) where he had remained admitted from 3rd February, 2010 to 14th February, 2010 and was diagnosed as suffering from irritable bowel disease. Though the Rules of the respondent University permit the candidates to send somebody else on their behalf for counseling, the petitioner states that he could not send anybody else also for counseling because he thought he will himself be able to attend the same but was unable to do so till 1700 hours and could reach the designated place for counseling only thereafter but was returned since the counseling had ended at 1430 hours. The counsel for the petitioner today also informs that in fact the petitioner had appeared for his Chemistry Practical Examination for class XII held on 8th February, 2010 while still admitted to AIIMS as aforesaid.

(3.) The petitioner in this petition claims the relief of being considered as a wait listed candidate for further counseling if any to be held by the respondent University for admission to vacant seats if any.