AJAY KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) THE present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner, interalia, praying for issuance of a writ, order or direction in the nature of certiorari quashing the Letter dated 29.4.2009 issued to the petitioner in respect of the M.S. Surgery seat at Medical College Agra, and further, for issuance of a writ, order or direction in the nature of mandamus directing the respondents to allot the recognized seat in M.S. Surgery in Chhatrapati Shahu Ji Maharaj Medical University, Lucknow to the petitioner. On 05.05.2009 this Court passed the following order on the Writ Petition: "Learned Standing Counsel has accepted notice for the respondents no. 1 and 2 and Sri K.S. Rathore for the contesting respondent no. 3-M.L.N. Medical College. THE case of the petitioner is that he had applied for M.S. Surgery Course as a scheduled caste physically handicapped (SC-PH) candidate. THE seats were available for scheduled caste (SC) candidates in Kanpur and Lucknow and for scheduled caste physically handicapped (SC-PH) candidates in Agra. It is not disputed by Sri Rathore that there is horizontal reservation and the petitioner who is scheduled caste had secured higher marks than the one who has been allotted seat for M.S. Surgery at Lucknow and the petitioner has been allotted seat at Agra. THE contention is that since the petitioner had secured higher marks, he ought to have been given M.S. Surgery seat at Lucknow as he also fulfills qualification of being a scheduled caste (SC) candidate. It is also submitted that by being a physically handicapped scheduled caste candidate, the petitioner has been put to further handicap as though he is more meritorious than the candidate who has been allotted seat at Lucknow, he has been allotted seat at Agra and not at Lucknow. Sri Rathore, however, submits that though the contention of the petitioner is legally correct but the counselling has been done as per the guidelines issued by the Government and one Sushil Kumar Bundela (Rank No. 1010) has been allotted seat at Lucknow, which is now being claimed by the petitioner. Sri Rathore has further stated that in the second counselling the Medical College will make efforts to see that justice is done to the petitioner for which he prays for a week's time to obtain instructions and do the needful. On his request, put up as a fresh case in the additional cause list on 14th May, 2009. Learned counsel for the petitioner is permitted to implead the said Sushil Kumar Bundela as respondent no. 4. Notice to the respondent no. 4 may be issued fixing 14.5.2009. Besides normal mode of service, the petitioner is permitted to serve the said respondent no. 4 for which necessary dasti summons shall be issued to the learned counsel for the petitioner within three days. THE petitioner shall file an affidavit of service by the next date. Meanwhile, the petitioner may join at Agra and the same shall not jeopardize his interest and subsequently in case if he is found entitled to M.S. Surgery seat at Lucknow, he shall be shifted to Lucknow. Let a copy of this order be issued to the learned counsel for the parties today on payment of usual charges." Pursuant to the said Order dated 5.5.2009, an Affidavit of Compliance has been filed today on behalf of the respondent no. 3. In Paragraph Nos. 4 and 5 of the said Affidavit of Compliance it is stated as under: "4. That in compliance to the Order dated 05.05.2009 the answering respondent apprised the respondent no. 2 about the instant matter and requested to pass appropriate orders so that justice may be done to the candidates including the petitioner. 5. That pursuant to the aforesaid order the respondent no. 2 vide order dated 13.05.2009 has allotted the recognized M.S. (surgery) seat of Chhatrapati Shahu Ji Maharaj Medical University Lucknow to the petitioner and M.S. (surgery) seat of Agra Medical College Agra has been allotted to the respondent no. 4 i.e. Sushil Kumar Bundela. A true copy of the order dated 13.05.2009 passed by respondent no. 2 is attached herewith and marked as Annexure No. 1 to this affidavit." It is, thus, evident that by the Order dated 13.5.2009 passed by the respondent no. 2, the petitioner has been allotted the recognized M.S. (Surgery) seat in Chhatrapati Shahu Ji Maharaj Medical University Lucknow while the M.S. (Surgery) seat of Agra Medical College, Agra has been allotted to the respondent no. 4 i.e. Sushil Kumar Bundela. Copy of the said Order dated 13.5.2009 has been filed as Annexure-1 to the aforesaid Affidavit of Compliance. In view of the above averments made in the aforesaid Affidavit of Compliance filed on behalf of the respondent no. 3, Sri Rahul Agrawal, learned counsel for the petitioner states that the reliefs sought by the petitioner in the Writ Petition stand granted by the said Order dated 13.5.2009, and no further orders are required to be passed in the present Writ Petition. Sri Rahul Agrawal, learned counsel for the petitioner further submits that when the petitioner approached the respondent no. 2 with a copy of the said Order dated 13.5.2009, the respondent no. 2 asked the petitioner to produce the original copy of the said Order dated 13.5.2009, so that needful could be done in the matter of the petitioner. In order to facilitate the filing of the original copy of the said Order dated 13.5.2009, the learned counsel for the respondent no. 3 has fairly handed-over an original copy of the said Order dated 13.5.2009 to Sri Rahul Agrawal, learned counsel for the petitioner so as to enable the petitioner to file the same before the respondent no. 2 along-with an affidavit. In view of the above, the Writ Petition stands disposed of with the aforesaid observations/directions.