VARUN WATS Vs. BHAGWAT DAYAL SHARMA

JUDGEMENT

(1.) This order shall dispose of two writ petitions bearing CWP Nos.13580 and 14296 of 2013 as the issue involved in both the writ petitions is identical. However, the facts are being extracted from CWP No.13580 of 2013.

(2.) The petitioner passed his M.B.B.S. and M.S. General Surgery.

(3.) The respondents issued its prospectus for M.Ch. (Urology). It was a solitary seat in the superspeciality course. A note was appended in Chapter III of the prospectus that "in all the above super specialty courses, 1 st seat will be filled up from Haryana Domicile candidates whenever if 2 nd seat is available, it will be open to all eligible candidates. Also if Haryana Domicile Candidate(s) for 1st seat is/are not available, such seat(s) will also be open to all eligible candidates". The petitioner appeared in the written examination on 09.06.2013 under Roll No.200035 and was declared successful with the 1 st position. Since he is not a domicile from Haryana, therefore, he would not get admission in M.Ch. (Urology) despite securing 1 st position in the merit. Thus, he challenged the aforesaid note in which it is provided that if there is one seat in the superspeciality course, it shall be filled up with the candidate of Haryana domicile.