BHAWANA KUMARI MALLICK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners before this Court are the citizens of Nepal, who qualified COMPEX NEPAL, 2013 EXAMINATION conducted for selection of Nepalese students for admission in Indian Educational Institutions and who have been nominated by respondent no.1 ­ Union of India, for admission to MBBS course of Lady Harding Medical College (LHMC) of Delhi University, against Nominees of Government of India (NGOI) Quota. A communication dated 18.9.2013 in this regard was sent to the Principal of the aforesaid medical college requesting him to confirm their eligibility and admission. It was also stated in the said communication that if for any reason the nominees are found to ineligible for admission, the position may be brought to the notice of the Ministry of External Affairs so that substitute candidates can be nominated to fill up the vacancies. Vide OM dated 19.9.2013, the Ministry of Health and Family Welfare informed the Ministry of External Affairs that the provision of admitting any Nepalese UG PG is not applicable to such nominees. The papers of the petitioners were forwarded by the medical college to the Faculty of Medical Sciences, University of Delhi for confirming their eligibility for admission to the MBBS course.

(2.) VIDE communication dated 25.9.2013 sent to Ministry of External Affairs, the respondent University of Delhi informed the government that the candidates belonging to NGOI Quota are required to obtain the minimum qualifying marks in all India National cum Entrance Test for admission to MBBS course, in terms of the order of the Hon'ble Supreme Court dated 5.9.2012 in Bhawna Garg & Anr.versus University of Delhi & Ors. and Kopal Rohtagi versus University of Delhi & Ors. S.P.P Nos.8408 8409 of 2012 and SLP (C) No.13194 of 2012 and accordingly the said requirement was included in the Bulletin of Information for admission to the MBBS/BDS course of the University of Delhi. It was stated in the said letter that in the order of the Apex Court, the petitioners cannot be given admission to the MBBS course during the session 2013 2014. Being aggrieved from the said communication, the petitioners are before this Court seeking the following reliefs:

(3.) IN Bhawna Garg and another versus University of Delhi and others [AiR 2012 SC 3299], the Hon'ble Supreme Court in para 97 of the judgment, inter alia, observed as under: