MOHIT OMPRAKASH JAGYASI Vs. GUJARAT UNIVERSITY AND 1

JUDGEMENT

(1.) RULE . Ms.V.D.Nanavati, learned advocate waives service of notice of Rule for the respondents. On the facts and in the circumstances of the case and looking to the urgency shown by the learned advocate for the petitioner, the petition is being heard and finally decided.

(2.) BY preferring this petition under Article 226 of the Constitution of India, the petitioner has, inter alia, prayed for the issuance of a writ or order, directing the Gujarat University (respondent No.1) and the Vice Chancellor of the said University (respondent No.2) to permit the petitioner to fill up the Entrance Examination Form for the Post Graduate Medical Course for the academic year 2014 -15 and to allow him to appear in the said Entrance Examination scheduled to be held on 25 -1 -2014.

(3.) THE brief facts of the case, as garnered from the memorandum of the petition are that, the petitioner has completed his MBBS and Internship. The requisite Certificates in respect of the above are annexed as Annexure "E" and "F" to the petition. The petitioner obtained admission in NHL Medical College on the basis of NEET in the discipline of Preventive Medicine in the academic year 2013 -14. The petitioner surrendered the Post Graduate admission as he was desirous of getting admission into a better discipline. The petitioner was thus preparing to appear again in the Entrance Examination for the Post Graduate Medical Course in the academic year 2014 -15. The respondent - University issued an Admission Notice for the Post Graduate Medical Course Entrance Examination for the academic year 2014 -15, on 13 -11 -2013. According to this notice application forms,along with relevant Rules would be available from 2 -12 -2013 11.0 A.M.to 2.0 P.M. and 3.0 P.M.to 4.0 P.M. The last date for acceptance of completed application forms with the Entrance Examination Fee, was 11 -12 -2013 upto 4.0 P.M. This notice was issued to all Medical Colleges in the State of Gujarat. The case of the petitioner is that as he is an ardent follower and devotee of ISKCON (International Society of Krishna Conscience) and was engrossed in a programme held by ISKCON, therefore, he was not in Ahmedabad during the first two weeks of December,2013. It is stated in the petition that the petitioner had given instructions at his residence to intimate him if the Admission Notice is announced. However, nobody at his residence intimated him. When the petitioner returned on 13 -12 -1013,he realized that he was late in filling up the admission form. The last date for submission of the form was 11 -12 -2013. The Entrance Examination is to be conducted on 25 -1 -2014. According to the petitioner, he was unaware of the Admission Notice, therefore, he could not collect the form, fill it and submit it, within the time stipulated in the Admission Notice. In order to ensure that one academic year does not go waste, the petitioner made efforts to convince the authorities of the respondent -University to permit him to fill up the form so that he could sit in the examination on 25 -1 -2014. As his efforts did not bear fruit, the petitioner, being aggrieved, has approached this court by filing the present petition.