VIVEK Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Rule D.B.

(2.) By the present writ petition filed under Article 226 of the Constitution of India, petitioner seeks to challenge the refusal/inaction, on the part of respondent No. 1. to give him admission, in the first years course of M.B ,B.S. 1989, in Maulana Azad Medical College, Delhi.

(3.) In May, 1989, petitioner appeared in the entrance examination, conducted by respondent no 1, for admission to the M.B.,B.S. and BDS courses. Petitioner secured 772 marks out of the maximum of 1200 marks, and was placed at 239 position, in the merit list, along with 8 others at the same rank, who had secured the same marks. Finally petitioner's rank was declared at 247. In the first instance, respondent no. 1 allotted M.B,B.S. seats to the first 223 students in its various colleges, according to the preference of each of the candidates. Petitioner was, however, allotted BDS course, which he relinquished. Subsequently, respondent no. 1 allotted seats in the M.B ,B.S. course to selected candidates upto the ranking of 245 Thus, petitioner was second in the waiting list for admission tothcM.B,BS. course, in Maulana Azad Medical College According to the petitioner, he has not been given admission to the said course in the said college, dispute the availability of seats.