BANARAS HINDU UNIVERSITY Vs. ATIHARSH MOHAN

JUDGEMENT

(1.) BANARAS Hindu University, Varanasi through its Registrar has filed this Special Appeal against the judgment and order of the Hon'ble Single Judge dated 20th december, 2007 passed in Writ Petition No. 30006 of 2007.

(2.) THE facts giving rise to the present special appeal are as follows:-The petitioner-respondent, Atiharsh Mohan was an applicant for admission to M. D. /m. S. Course offered by the Institute of Medical Sciences, banaras Hindus University, Varanasi, in response to the advertisement published for the purpose. He appeared in the admission test under general category and secured a position in the waiting list. Having regard to the merits so secured by the petitioner, he was issued a letter dated 17th April, 2007 for participation in counselling fixed for 14th May, 2007. The bifurcation of seats available with reference to the subjects was also provided. In the chart so made available to the petitioner, only two seats in anaesthesiology Department for the general category was shown to be available. Before the turn of the petitioner could be reached in the counselling, the aforesaid two seats, as were shown in the chart, were opted for by the candidates higher in merit than the petitioner. Therefore, at the time the petitioner appeared for counselling, he was informed that no seat in the said subject of Anaesthesiology was available within the category concerned. Since the petitioner was not interested to take admission in other subject, he gave in writing that he was not interested after signing the attendance sheet.

(3.) SUBSEQUENTLY, the petitioner was informed that two additional seats in the subject Anaesthesiology had become available in the said institute of medical Sciences, Banaras Hindu University, Varanasi. Second Counselling whereof had been scheduled for 12th June, 2007. The petitioner, therefore, made an application to the Director of Institute of Medical Sciences on 11th june, 2007 itself requesting therein that he may be permitted to participate in the counselling which was scheduled to take place on 12th June, 2007. The petitioner specifically stated in his application that he had refused to take admission in any other subject, as he was interested in a post graduate degree in anaesthesiology only.