AKANKSHA SIROHI Vs. UNIVERSITY OF DELHI AND OTHERS

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:

(2.) Some of the facts are that the petitioner falls under the category of Children/Widows of the eligible Armed Force Personnel (CW) and had appeared in NEET Examination and secured 94.571423 percentile. It is her case that the respondents had issued a bulletin of information informing eligible candidates for counseling and admission to medical colleges. It is averred that an open merit list of 608 candidates was published wherein 12 ranks were left blank without any mention of name or roll number which were to be filled by candidates belonging to C.W. category. On 24th September, 2016 a notification was issued by the respondents for first counseling wherein 9 candidates from C.W (Delhi) category were called for counseling. On the conclusion of the first counseling against 12 seats, 9 seats of C.W category from Delhi candidates were filled. On 27th September, 2016, a notification was issued by the respondents for the second counseling to be held on 29th September, 2016. It is averred that in the evening of 28th September, 2016, when the impugned notification was uploaded on the website of the respondents, one candidate in the category of C.W. (Delhi) was called for counseling to be held on 29th September, 2016 at 2PM. It is stated that the said candidate was falling in the list of discrepancy. A discrepancy list was floated by the respondent and the discrepancy ought to have been removed by 30th August, 2016. It is her case that had the said candidate removed her discrepancy, she would have been called for counseling in the first round itself.

(3.) Respondents filed a short affidavit stating that the Faculty of Medical Sciences has preferred an Institutional eligibility conditions for admission to MBBS/BDS Course against 85% DU quota, i.e., a candidate is required to attend the regular classes from a recognized School situated within the National Capital Territory of Delhi. The 15% All India quota seats are filled up by the Government of India, Ministry of Health and Family Welfare (DGHS). The total seats to be filled against 85% quota seats for the session 2016-17 in General Category were 246. It is stated by the respondents that in terms of the eligibility condition 2(b)(ii) (Page 18 of the paper book), it is stipulated as under: