APOORVA SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) THE petitioner before this Court appeared in National Eligibility -cum -Entrance Test (U.G.) 2013 held on 5th May, 2013. The seats in various medical colleges are divided into two categories called 'All India Quota' and 'State Quota'. 15% of the seats are allocated to the All India Quota whereas the remaining 85% seats go the State Quota. While filling up the application form, the petitioner selected the option 'Not Applicable' against the All India Quota, whereas she selected three States, namely, Delhi, U.P. and Maharashtra in respect of the State Quota seats. As a result, no rank of the petitioner in respect of All India Quota was declared though her rank in the State Quota in Delhi, U.P. and Maharashtra was duly declared. The aforesaid result came to be declared on 5th June, 2013. The grievance of the petitioner in this writ petition is that his rank in respect of All India Quota seats has not been declared by CBSE. According to the learned counsel for the petitioner, it was on account of an inadvertent mistake that the petitioner selected the option 'Not Applicable' in respect of All India Quota while filling up the application form. However, no such plea was taken by the petitioner in her mails sent to the Central Board of Secondary Education. Be that as it may, the facts remains that by exercising the option 'Not Applicable', the petitioner clearly closed the option to compete for All India Quota seats. As per Rule 16.1 contained in the Information Bulletin for NEET (U.G.), 2013, the merit list of only such eligible and successful candidates has to be prepared, who opt for 15% All India Quota seats. The names of those who do not opt for such seats cannot be included in the said List. Therefore, the respondent/CBSE was not expected to declare her rank in respect of the seats falling under the All India Quota. Consequently, the petitioner can have no valid grievance for her ranking in the All India Quota not being declared by CBSE. In any case, in terms of the order of the Hon'ble Supreme Court dated 07.06.2012 in IA No. 35/2012 in Civil Appeal No. 443/1992 titled as Sharwan Kumar vs. Union of India & Ors., even the third counselling for admission to MBBS course against All India Quota seats was over on 17th/18th August, 2013 and the result of the said counselling was declared on 19th August, 2013 giving time till 5.00 p.m. on 29th August, 2013 to the selected candidates to join the allotted course and college. After 29th August, 2013, the unfilled seats in the All India Quota have to be surrendered back to the concerned State Govt. Medical College and Institution on 30th August, 2013. The petitioner is seeking counselling and admission to MBBS course, which is a relief that cannot be granted at this stage. She ought to have come to the Court immediately after the result of NEET (U.G.), 2013 was declared and she found that her name did not appear in All India Quota Merit List. In these circumstances, when the petitioner herself is to be blamed for her rank in respect of All India Quota not being declared and the admissions to MBBS have already been closed, no relief can be granted to her.