KALPANA AHLAWAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition No. 10681 of 1998 (Vandita Babarwal v. State of Haryana and others), Civil Writ Petition No. 13685 of 1998 (Kalpana Ahlawat v. State of Haryana and others), Civil Writ Petition No. 14057 of 1998 (Vandana Khurana v. State of Haryana and others) and Civil Suit No. 225 of 1998 (Neelam Gupta v. M. D. University, Rohtak and others).

(2.) The facts of the case have been taken primarily from Civil Writ Petition No. 13685 of 1998, supplemented wherever necessary from the other matters.

(3.) The Government of Haryana issued a notification dated April 7, 1997 appointing Maharishi Dayanand University, Rohtak (hereinafter called the 'University') to conduct the entrance test for admission to the MBBS/BDS course, to be started in the year 1997, in the Medical colleges/Institutes in the State. The University thereafter issued an information brochure laying down the eligibility conditions for taking the test. The petitioner being eligible thereunder applied for and took the test on July 13, 1997. On the release of the first merit list in the Tribune dated August 5, 1997, the candidates up to the merit position No. 391 were called for the first counselling, to be held on 18/19-9-1997. Vide another advertisement dated September 22, 1997, the University called an additional 313 candidates for the second counselling, to be held on September 15, 1997 and for third counselling, to be held on September 29, 1997. As the petitioner did not come within the merit, she was not called for the counselling. It appears that most of the seats were duly filled in though some seats remained vacant in the B. R. S. Institute of Medical Science, Kotbilla, respondent No. 4 (hereinafter called the 'Institute'). The Director/Principal of the Institute thereafter issued an advertisement in the Tribune dated October 9, 1997, Annexure P-1 to the writ petition, calling candidates to appear for interview on October 20, 1997 and it was further stipulated that the admissions would be made as per the merit in the entrance test. It appears that despite this advertisement, some seats still remained unfilled whereupon the Institute issued yet another advertisement in the Tribune dated October 24, 1997, Annexure P-2 to the writ petition, notifying that some seats were still lying vacant and students, who had appeared in the entrance test conducted by the University, could contact the Institute by November 4, 1997. The petitioner's father accordingly submitted an application dated November 3, 1997 Annexure P-3 to the writ petition, seeking admission for his daughter. He was, however, directed to bring the result and ranking of the petitioner, in the entrance test conducted by the University. As the petitioner's result was not being declared despite repeated requests made in this regard, she filed Civil Writ Petition No. 17375 of 1997 in this Court seeking an order that her result be declared. On the issuance of notice of motion, the University put in appearance and declared the petitioner's result showing her at merit position No. 1030 in the General Category. This information was conveyed to the Institute by the petitioner on which she was admitted to the B. D. S. course on January 19, 1998 against a payment seat. The petitioner accordingly deposited a sum of Rs. 1,29,000/- as fee for the first year and attended the classes for that year and also deposited a further sum of Rs. 89,000/- on June 8, 1998 as fee for the second year. The admission granted to the petitioner was, however, cancelled by the University vide communication dated July 22, 1998, Annexure P-10 to the writ petition, which was conveyed to the petitioner with a covering letter written by the Institute dated July 25, 1998, Annexure P-11 to the writ petition. Annexure P-10 has been impugned by the petitioner in the present writ petition.