ATIHARSH MOHAN Vs. BANARAS HINDU UNIVERSITY VARANASI

JUDGEMENT

(1.) RAJES Kumar, J. Heard Sri A. K. Gupta, assisted by Sri Ashish Agrawal, learned Counsel for the petitioner and Sri Vijay Bahadur Singh, learned Senior Advocate and Sri Pankaj Naqvi, learned Counsel appearing on behalf of Banaras Hindu University.

(2.) IN the present petition, the petitioner is seeking the following reliefs: (a) Issue writ, order or direction in nature of certiorari quashing the coun selling held on 12. 6. 2007 for the M. D. /m. S. Courses of INstitute of Medical Sciences (BHU) Varanasi. (b) Issue writ, order or direction in the nature of mandamus commanding the respondents to grant the admission to the petitioner on the available seat in the department of Anaesthesiology in M. D. Course. (c) Issue any other writ, order or direction please this Hon'ble Court may deem fit in the circumstances of the present case.

(3.) LEARNED Counsel for the petitioner further submitted that two seats for v Anaesthesiology subject came after the Counselling held on 14. 5. 2007 therefore, the fresh procedure for calling to the candidates for the said seats should be adopted and it should not be considered to be the part of the earlier Counselling held on 14. 5. 2007 for the seats available on the said date. He submitted that the consent of the petitioner, namely not interested on 14. 5. 2007 was confine to the seats available at the time of Counselling because the petitioner was not inter ested in any other subject other than Anaesthesiology and two seats available for the said subject had already been filled by the candidates of a higher rank and not for all time to dome in future. If the two seats of Anaesthesiology would have been available on 14. 5. 2007 the petitioner would have opted and be selected also for the said subject. Therefore, the consent not interested was only confined to the Counselling held on 14. 5. 2007 and will hot amount to waiver of his right to partici pate in the Counselling held in respect of seats created/provided in future.