ZINI CHAURASIA Vs. UNIVERSITY OF DELHI AND ORS.

JUDGEMENT

(1.) THESE LPAs have arisen out of order dated 30th July, 2009 passed by the learned single Judge in Writ Petition (Civil) No. 10322/2009 directing the University of Delhi to consider the writ petitioner Ms. Saniya Siddiqui for admission against the vacant seat to the appropriate course according to her category and merit ranking with other waitlisted candidates for admission in MBBS/BDS course. LPA No. 396/2009 is filed by University of Delhi whereas LPA No. 394/2009 is filed by one Ms. Zini Chaurasia, who has been admitted to the vacant seat in question i.e. MBBS seat at University College of Medical Sciences (UCMS). Ms. Zini Chaurasia was given admission in MBBS course vide letter dated 30.07.2009. Prior to this admission, she was admitted in Guru Gobind Singh Indraprastha University but she cancelled her admission in Guru Gobind Singh Indraprastha University as she had been admitted in UCMS.

(2.) THE facts are that the University of Delhi conducted Annual Entrance Examination known as DUMET for admission to MBBS / BDS courses for the Academic Session 2009 -2010 on behalf of the various medical colleges affiliated to Delhi University. The rules of admission were notified in the Bulletin of Information issued for the Academic Session 2009 -2010. The result of DUMET -2009 was notified on 26.05.2009. Following the declaration of result of the DUMET -2009, the qualified candidates were required to appear for counseling as per the schedule already declared in the Bulletin of Information. The OBC candidates upto the Rank -100 were required to appear for counseling on 09.07.2009. The Bulletin of Information, inter alia, provides as follows:

(3.) THE case of the writ petitioner was that on 7.7.2009, when she was visiting her parents at Ambikarpur, District Surgaja, Chhattisgarh, she fell ill and she was put on medication and was advised by her family not to commence her journey for Delhi. On 8.7.2009 she started her journey for Anuppur situated at a distance of 200 km to catch the train for coming to Delhi for counseling. However, it is claimed by her that she suffered from Gastroentitis Shock due to dehydration and that she had to return to Ambikarpur where she was treated in the District Government Hospital where she remained under medical treatment till 10.7.2009. She could fax the relevant documents only on 10.7.2009 and on 11.7.2009 she reached Delhi and made a representation to the University of Delhi for seeking permission to be considered for admission. As the University failed to respond to her representation, the writ petitioner approached this Court by filing the writ petition, which came to be allowed by the learned single Judge by order under appeal. The learned single Judge, inter alia, held as follows: