NIKITA SURAJ Vs. NATIONAL INSTITUTE OF DESIGN

JUDGEMENT

(1.) By the present writ petition, the writ petitioner prays for converting 1 reserved vacant seat in to general category seat and further prays for allotment of such converted seat to the petitioner.

(2.) Mr. Digant Popat, learned advocate appearing for the petitioner submits that in Special Civil Application No.16350 of 2021, this Court has by way of interim relief granted provisional admission to the course against the vacant reserved category seat pending disposal of the writ petition. He further submits that the said interim order dtd. 10/12/2021 came to be challenged before the Hon'ble Division Bench in Letters Patent Appeal No.1101 of 2021 which came to be dismissed upholding the interim order granting provisional admission to the candidate therein. He submits that the petitioner in the present case is identically situated and is seeking the same relief which has been granted by this Court. He submits that the said two orders relied upon have become final as the matter was not carried in appeal further by the respondents. He, therefore, submits that pending the present writ petition, the petitioner be given admission against the vacant seats in reserved category.

(3.) Mr. D.G.Shukla, learned advocate appearing for the respondent No.1 - institute submits that vide order dtd. 10/12/2021 in Special Civil Application No.16350 of 2021, a Coordinate Bench of this Court had granted provisional admission to 2 candidates in the reserved EWS category quota pending the writ petition. However, in the said case, the petitioner No.1 and the petitioner No.2 who had approached this Court were placed at Sr. No.1 and Sr. No.3 in the waiting list which was prepared by the respondent No.1 institute. The provisional admission which was granted by this Court was challenged in appeal and the Hon'ble Division Bench has observed that the admission is provisional and subject to the final outcome of the main petition, while dismissing the Letters Patent Appeal. He submits that in the said case, the writ petitioners have given an undertaking that in case they do not succeed in the writ petition, they will leave the course/institute even in the midst of any particular semester and equities will not favour the writ petitioners therein. He submits that in the present academic year, the vacancy, if any, which may arise before the starting of the academic session was to be filled from the merit list of the candidates only and no waiting list has been created.