ARVIND KUMAR AGRWAL Vs. NATIONAL BOARD OF EXAMINATION

JUDGEMENT

(1.) PETITIONER has filed the present writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents to allow the petitioner to join the allotted seat with respondent no.2 in the specialty of Radio Diagnosis for the academic session 2012-2013.

(2.) ISSUE notice to show cause as to why petition be not admitted. Mr.Ramesh Gosain, Advocate, accepts notice on behalf of respondent no.1 and Ms.Sweety Manchanda, Advocate, accepts notice on behalf of respondent no.2.

(3.) LEARNED senior counsel for the petitioner submits that the petitioner has already resigned from the seat allotted to him in MD (TB & Chest) at SMS Medical College, Jaipur, as the seat was available with respondent no.2 and an allotment letter has also been given to him. Counsel further submits that a right has been created in favour of the petitioner, which cannot be taken away, especially, in view of the fact that the seat under the ST category is lying vacant and none has claimed the same.