VINEETA AGHI Vs. MAHARASHI DAYANAND UNIVERSITY AND ORS.

JUDGEMENT

(1.) Miss Vineeta Agni appeared in the entrance test for admission to the M.B.B.S. course of the Maharshi Dayanand University, Rohtak. She was placed at No. 117 in the merit list. In the original admission form, she had claimed admission for M.B.B.S. course only and not opted in the courses of B.D.S. it is averred that at the time of interview on 24.7.1992, she had filed representation that she should be considered for admission to the B.D.S. course if on merit, she cannot be admitted in M.B.B.S course. Subsequently, on 25-8.1992 also she filed another representation (Annexure P2) in this regard. It is stated by Mr. Balhara at the Bar that the merit list uptil Sr. No. 98 has been exhausted by giving those candidates admission in M.B.B.S course and out of candidates figuiring at Sr. No. 98 to 130 in the merit list, who, had given their option for such admission, have been admitted to B.D.S. course. Thus, she claims that the respondents had arbitrarily not considered her case for admission to the B.D.S. course although she deserves to be admitted to this course as her name stands at Sr. No. 117 in the merit list.

(2.) The respondents in the return had admitted the merit of the petitioner as well as her other averments but maintained that since the petitioner did not opt for admission in the original admission form to the B.D.S. course and did not make representation in this regard at the time of interview, her belated representation dated 25.8.1992 for admission was of no consequence. During the course of arguments, Mr. Rathee in the basis of the letter of the Director has stated that one seat in B.D.S. course has been kept vacant for the petitioner at Dental College, Rohtak. The respondents in their return had not averred specifically that the representation dated 25.8.1992 of the petitioner for being admitted to B.D.S. course was received after the finalisation of the admission although the petitioner had specifically averred so in the petition.

(3.) Under these circumstances, keeping in view the merit of the petitioner, it is a fit case where the respondents should be directed to give her admission in Dental College, Rohtak in the B.D.S. course provided no other candidate having better merit is available on the combined waiting list. In case of availability of any candidate having better merit, the respondent shall give notice to those candidates in order to ascertain whether they opt for admission in B.D.S. course. The writ petition stands disposed of accordingly.