SHIKHA NARANG Vs. MAHARISHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) Petitioner-Shikha Narang, after successfully competing All India Entrance Examination for admission of M.B.B.S. against 15 per cent seats reserved in all the recognised Medical Colleges in India, was given admission in Lala Lajpat Rai Memorial College, Meerut. She applied for migration to Medical College, Rohtak on 20.2.1990. The last date for receipt of applications, complete in all respects, was 1.5.1990. Petitioner's application was incomplete because the result of 1st Professional had not been declared which she had taken from Lala Lajpat Rai Memorial Medical College, Meerut. The result of the petitioner was declared on 26.5.1990. Soon thereafter she sent a copy of marks sheet to Medical College, Rohtak. Since her application was incomplete, her case was not processed by the respondents. Today, a letter has been produced before this Court from Joint Director, Medical College, Rohtak, addressed to the Advocate General, Haryana, wherein he has stated that four seats are still laying vacant out of quota which is normally available for migration.

(2.) In the interest of justice and without creating any precedent, it is directed that the case of the petitioner be processed by the Medical College, Rohtak, as well as University for migration if she qualifies on merits irrespective of the fact that her application was not complete in all respects when she applied for migration which was completed by her after the last date for applying i.e. 1.5.1990. This is being directed in the interest of justice as four seats are lying vacant and the petitioner qualifies on merits but this would not act as a precedent in other cases. Thus, the writ petition is disposed of with the direction that Medical College, Rohtak and University should process the application of the petitioner for migration to Medical College, Rohtak, on merits against four seats lying vacant for the current year.

(3.) The records of the Medical College which were requisitioned and kept in custody of this Court are ordered to be returned to Shri S.S. Dalal, Advocate, counsel for the Medical College who is present in Court.