RAJIVE GOYAL Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution the seven petitioners, who are students and have qualified for admission to M.B.B.S. Course in Delhi University seek a declaration that seats falling vacant in the medical colleges in Delhi be given on merit to them as per their choice and not to those students who are on the waiting list and are less meritorious.

(2.) We issued notice to the respondents, who number five, to show cause as to why rule nisi be not issued. Respondents 2, 3 and 4 are respectively the Vice Chancellor, the Registrar and the Dean, Faculty of Medical Sciences of the University of Delhi, and the fifth respondent is the Union of India through the Secretary in the Ministry of Health and Family Welfare. Answer to show cause notice has been filed by respondents I to 4. We have heard the matter, issue rule D.B. and proceed to dispose of the matter at this stage itself.

(3.) Bulletin of Information for the session 1993 for under-graduate degree courses issued by the Faculty of Medical Sciences of the University of Delhi contains details as to how admission to first year M.B.B.S./B.D.S. Course for the year 1993-94 is to be made. It is not necessary for us to give the details of all the provisions given in this bulletin of information except to note the procedure for admission and assignment of colleges which is as under:- IV. Procedure for Admission and Assignment of Colleges: (A) Admission to the MBBS/BDS Courses would be made strictly on the basis of merit determined by the marks obtained by the candidate in the written entrance examination. Candidates in the order of merit would be called for counselling by a Committee constituted by the Medical Courses Admission Committee for the said purpose. At the counselling by the said Committee, the candidate would be informed of the availability of seats indifferent Colleges. From among the colleges where seats are available at the time of counselling of the candidate concerned, he/she would be entitled to select one College and he/she would be admitted to the same. The selection of the College by the candidate and his/her admission to the same would be final and binding on the candidate. If a candidate does not wish to opt for any college where seats are available at the time of his counselling he may opt for remaining in the waiting list. A candidate once admitted to a particular College will not beentitled to seek any transfer or shifting to any other College under any circumstances. No request in this regard would be entertained at any time. If any seat falls vacant in any College after the commencement of the course,the same would be filed up from the waiting list. While filling up such vacant seats candidates already admitted in any College will not be considered."