NIHARIKA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) By this writ petition, the petitioner is aggrieved by the action of the respondents whereby, after including the petitioner in the merit under NRI quota, the respondents published a 2nd merit list delisting the name of the petitioner as well as similarly situated candidate in spite of her being eligible for the said seat on the basis of merit as well as NRI status on the ground that the petitioner could not produce the relevant NRI certificate from the Indian Embassy as a proof of her father's NRI status as per the condition prescribed by the respondent No. 1 for taking admission for the relevant NRI seats. After filing of the aforesaid writ petition, the petitioner impleaded respondent Nos. 4 to 7, who are the students and who were selected under NRI quota but having lesser percentage on the plea that any decision in this matter may affect the interest of those students. The respondent Nos. 4, 5 and 6 were directed to be served through the Dean of the concerned college. The respondents were duly served through the Dean for which, an affidavit along with the service report has been placed on record by the petitioner dated 25-8-2014.

(2.) Insofar as the respondent No. 7 is concerned, at the outset, it has been submitted by the learned Counsel for the petitioner that the petitioner under instructions would not claim any benefit with respect to the seat allotted to the respondent No. 7 even if, an adverse order was passed against the said respondent. As far as the respondent Nos. 4 and 6 are concerned, even though, served through the Dean of the college have not caused appearance.

(3.) The short facts of this case as pleaded by the petitioner are:--