VINEETA YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking admission to the MBBS course in the State of Haryana for the academic session 2019-20. Her name does not find mention in the merit list-cum-provisional allotment of seats displayed on 14.7.2019 and thus, she has been constrained to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

(2.) The petitioner had earlier appeared for counseling for the MBBS course in the State of Haryana for the session 2018-19 in the BC-B category. She was not considered on account of the fact that the income certificate of her father had not been issued by the Tehsildar. This led to filing of CWP-23366-2018, which was disposed of vide order dated 21.11.2018, directing the respondents to consider the petitioner for academic session 2019-20, if permitted by law. The petitioner was also compensated with costs of Rs.1 lac. Subsequently, the petitioner sent representations dated 10.1.2019 and 21.1.2019, requesting for compliance with order dated 21.11.2018, but when notification for admission dated 21.6.2019, was issued, no reference of the case of the petitioner was made therein. The petitioner therefore, filed CWP-17911-2019 and vide order dated 11.7.2019, she was permitted to participate in the counseling provisionally. Thereafter, the merit list-cum-provisional allotment of seats had been displayed on 14.7.2019, but the same does not contain the name of the petitioner. Hence, the present writ petition has been filed.

(3.) Learned counsel for the petitioner submits that the merit number of the petitioner was 153 for the academic session 2018-19 and candidates upto merit No.190 secured admission. In the said academic session, the petitioner could not get admission on account of the illegal action of the respondents and therefore, the petitioner is entitled to grant of admission in the current academic session. First, the petitioner should be granted admission in the BC-B category and only thereafter, the other candidates be considered in accordance with their merit. Reliance has been placed upon order dated 9.10.2018 passed in Civil Appeal No.10353 of 2018 titled as 'Parmod Vs. Union of India and others', 'Vikram Singla and others Vs. State of Punjab and others 2006 (2) SCT 78' and 'Mridul Dhar (minor) Vs. Union of India 2005 (1) SCT 508'.