AVIJIT BANSAL Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing respondents' notice (letter) dated 26.3.2003, cancelling his admission to the MBBS course after, about two years of study and for a writ of certiorari, quashing the eligibility condition contained in clause 3(b) of the Bulletin of Information, 2001 of the Respondents, requiring that the candidates should have studied xith and xiith Classes regularly in a recognised school in National Capital Territory of Delhi (for short NCT of Delhi), for appearing in the entrance test for admission to MBBS/BDS course, being illegal, arbitrary, discriminatory, unjust and violative of the principles of natural justice, equity and good conscience (hereinafter referred to as "the Entrance Test").

(2.) Learned counsel for the parties submitted that pleadings are complete; the case concerns academic career of a student, therefore, the writ petition be heard and decided at this stage itself. Admit. I have heard learned counsel for the parties and have been taken through the record. By this order I propose to dispose of the writ petition finally.

(3.) The facts in brief, are that the petitioner passed xith class from Delhi Public School, Meerut Road, Ghaziabad, U.P. in April, 1999 and took admission in xiith class in DAV Public School, Shrestha Vihar, Delhi (hereinafter referred to as "school in Ghaziabad" and. "school in Delhi"), respectively. He passed xiith class examination conducted, by CBSE from the school in Delhi securing 78.6% marks in June, 2000. In the year 1999 and 2000 and even earlier, the eligibility condition for MBBS/BDS entrance test, as per respondent's admission Bulletins, was that the candidate should have passed xiith class examination from recognised school in Delhi. Petitioner fulfilled the requisite eligibility conditions and appeared in the Entrance Test, in May 2000; however, he could not make it to the list of successful candidates. Next year, on 26th May, 2001, petitioner again appeared in the Entrance Test and secured 116th position out of 215 successful candidates belonging to the general category. He was selected. He deposited the fee and joined the course. In July, 2002, he passed the first professional of the MBBS course in all subjects.