NISHTHA CHAUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner appeared in NEET (Under Graduate), 2013 Examination conducted by respondent-Central Board of Secondary Education (for short ,,CBSE) for admission to the MBBS course. The seats in medical colleges are divided into two categories called All India Quota and State Quota. 15 per cent of the seats are allocated to the Central Quota and remaining 85 per cent seats are allocated to the State Quota. While filling up the application form, the petitioner selected the option ,,not applicable against the All India Quota against the column choice of seat/eligible category, though she opted for AFMC seats as well as for private seats. As a result, when the result of the petitioner was declared, she was not accorded any rank against All India Quota Seats though she was accorded rank 5143 against AFMC seats. Since the petitioner did not receive any counseling letter for admission against All India Quota Seats, she sent an e-mail to the respondents on 6.7.2013, stating therein that due to some technical problems she was unable to download her counseling letter and seeking intervention of the respondents in the matter. This was followed by certain other e-mails to respondent No.2/CBSE. According to the petitioner it was orally explained to her on 9.7.2013, that since she did not tick the option of choice against All India Quota Seats while filling up the application form at the time of applying for NEET she was not eligible to participate in the counseling for admission against 15 per cent All India Quota Seats. The petitioner sent another e-mail on 21.7.2013, enquiring as to whether the State Quota counseling would be conducted in the State of Uttar Pradesh after the decision of the Honble Supreme Court in TC (C) No.98/2012 & connected matters titled Christian Medical College Vellore & Ors. Vs. Union of India & Ors. decided on 13.5.2013. Since, no response was received by the petitioner, she filed the present writ petition seeking the following reliefs:

(2.) A similar issue came up for consideration before this court in WP (C) No.4942/2013 titled Apoorva Singh Vs. Union of India & Ors. decided on 30.8.2013 and the following view taken by the court is pertinent:

(3.) IN my view the contention cannot be accepted. A perusal of the order dated 14.8.2013 passed by this Court in the present writ petition would show that while directing the Union of India to permit the petitioner to appear in the counseling to be held on 16.8.2013 on a provisional basis, it was made clear that no equity would be created in her favour on the basis of her being permitted to participate in the said counseling on a provisional basis. Hence, no equitable relief on the strength of the interim order dated 14.8.2013 can be claimed by the petitioner. As regards reserving one seat for the petitioner in Rajkiya Medical College & Hospital, Chakrapanpur, Azamgarh, Uttar Pradesh the purpose of the said interim order was to ensure that the petitioner does not meet a fait accompli, in the event of her succeeding in the writ petition on merits. Without succeeding on merits, the petitioner cannot seek admission against the aforesaid seat. Since the petitioner did not opt for admission against All India Quota seats, she cannot be considered for admission against such seats and the seat which has been reserved pursuant to an interim order dated 29.8.2013 was a seat available in 15 per cent All India Quota only.