MANOJ KUMAR DHAKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 10 th October, 2012 of the learned Single Judge, of dismissal of W.P.(C) No.3948/2012 preferred by the appellant along with others. The impugned order itself records that during the pendency of the writ petition, the petitioners no.1,2&4 therein were deleted from the array of parties. We are informed that the writ petition was thereafter pursued by the remaining three petitioners including the appellant and the other two have not chosen to appeal against the impugned judgment. Though the appeal is accompanied with an application for condonation of four days delay in filing the appeal, the counsels for the respondents on 23 rd November, 2012 and today, have argued the matter on merits. For the reasons stated in the application, the delay in filing the appeal is condoned. Considering the nature of the controversy, the appeal was heard finally.

(2.) The respondent no.2, Guru Gobind Singh Indraprastha University (GGSIPU), in the admission brochure for Super Specialty Medical Courses published for the Academic Session 2012-13 had tentatively shown six seats as available for Super Specialty Course in DM (Cardiology) in the Post Graduate Institute of Medical Education & Research (PGIMER), Dr. Ram Manohar Lohia Hospital (respondent no.3). It was however mentioned in the brochure that the final intake for the Academic Session 2012-13 shall be notified before the start of counselling/admissions. Admission was through an Entrance Test followed by counselling.

(3.) The appellant appeared for the Entrance Test and in the result declared thereof, was placed at 5 th position in the merit list. However in the Notification published by GGSIPU for counseling, the seats available in PGIMER for the Super Specialty Course of DM (Cardiology) were shown as three, instead of six as indicated in the admission brochure. The appellant appeared in the first and claims to have also appeared in the second round of counselling and further claims that the candidate placed at the 4 th position did not turn up for the second counselling and hence after the second round of counselling he was placed at the 4 th position i.e. at No.1 in the wait list prepared by GGSIPU, after allocation of the three seats to the first three candidates in the merit list.