RENY KAMBOJ Vs. MAHARISHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) In this petition, prayer made is to issue a writ in the nature of certiorari, quashing the admission of respondent No. 4 to M.B.B.S. Ist year Course, Rohtak in session 1992-93, and for issuance of writ of Mandamus directing respondents 1 to 3 to allot admission to Pawan Kumar, student of M.B.B.S. Ist year Course of 1992-93 Session admitted against seat reserved for backward category against general/open category and to admit the petitioner in the consequent vacancy caused in the backward category (petitioner being next in order of merit in that category) in MBBS Ist year course of 1992-93 session.

(2.) While admitting the writ petition on 22.10.1992, the Division Bench had directed that petitioner be given provisional admission in M.B.B.S. Ist year Course of 1992-93 Session in Medical College, Rohtak. It is not in dispute that during the pendency of the present writ petition, petitioner has completed her entire course and has been held entitled to the award of M.B.B.S. degree from Maharishi Dayanand University, Rohtak. It is further not in dispute that petitioner belonged to category of backward class and 13 seats had been reserved for persons belonging to that category. It is also not in dispute that if Pawan Kumar who was placed at Sr. No. 79 in the merit list in the general category and at Sr. No. 3 amongst the members of backward class had been admitted against seat reserved in that category, then petitioner would have been entitled to the seat in MBBS course. Since Pawan Kumar too was given admission and petitioner has also completed her course, in my view the present writ petition has been rendered infructuous and the admission given to the petitioner provisionally is required to be regularised. Accordingly, respondents are directed to regularise the admission of the petitioner, given to her provisionally under orders of the Division Bench, and award her a degree in MBBS forthwith so as to enable her to take examination for entrance examination in M.D. course to be held on 8.3.1998.

(3.) Writ petition stands disposed of accordingly.