S RAJANAND Vs. UOI

JUDGEMENT

(1.) THE petitioner has filed the present petition praying inter alia for issuance of a writ of mandamus to the respondent No.1/UOI, respondent No.2/Veterinary Council of India (in short 'VCI') and respondent No.3/Kerala Veterinary University (in short 'University') to fill up the vacant seats in veterinary colleges in Kerala or any other State in India falling under the All India quota.

(2.) COUNSEL for the petitioner states that the petitioner had completed his schooling in the year 2010 from Jawahar Navodaya Vidyalaya Chettachal, Trivandrum, Kerala, whereafter he had applied for admission to the veterinary colleges to pursue his Bachelor of Veterinary Science and Animal Husbandry ('BVSc. & AH') course under the 15% All India Quota by appearing in the All India Pre -Veterinary Test -2011 that was held on 14.05.2011. The rank obtained by the petitioner in the aforesaid test was 2139. As per the petitioner, upon queries made by him, he came to know that there were two vacancies in the All India Quota in the Mannoothi Veterinary College and similarly, there was one vacant seat in the Pookot Veterinary College, both situated in the State of Kerala, but no steps had been taken by respondent No.2/VCI to nominate candidates for these vacancies. The grievance of the petitioner is that the vacancies should not be allowed to remain unfilled and till they remain so, the respondents have no right to close the admission. It is further stated that as per the information received by the petitioner, the last admission took place in the State quota as late as on 28.10.2011. The petitioner, therefore, states that he be accommodated against one of the vacancies in the 15% All India Quota.

(3.) A perusal of the schedule of dates for the examination shows that the candidates were required to approach the respondent No.2/VCI for purchasing the application forms between 3rd January to 15th February, 2011 and the last date of receiving of the applications was fixed as 22.02.2011. The date of All India Pre -Veterinary Test was fixed as 14.05.2011 and the results were expected to be declared in the first half of June, 2011. It is not the case of the petitioner that respondent No.2/VCI had not adhered to the aforesaid schedule of dates and therefore, the inevitable conclusion is that the petitioner was well aware of his rank immediately after the results were declared in the month of June 2011. The present petition was however filed by the petitioner on 23.11.2011, which is highly belated, more so when the last date for the candidates to take admission in the concerned universities was fixed as 31.08.2011. There is merit in the objection taken by the other side that the present petition is liable to be dismissed on the ground of delay and latches alone. Even on merits, this Court is inclined to agree with the submission made by the learned counsel for respondent No.2/VCI that the petitioner is not even a waitlisted candidate having secured rank No.2139 in the All India Pre -Veterinary Test -2011 and therefore, he cannot lay a claim to a seat merely because some seats are lying vacant in the 15% All India Quota. The respondents are not mandated to fill up vacant seats with non -meritorious candidates only because seats are going abegging.