APARNA YADAV Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) Petitioner-Aparna Yadav has approached this Court by way of filing the present petition for issuance of a writ in the nature of MANDAMUS directing respondents to grant admission to her in MBBS course against the seat filled up by giving admission to respondent No.4, who was next to her in the list of eligible NRI candidates in Category-II.

(2.) As per case of the petitioner, she was fully eligible to be Non-Resident Indian (NRI) and 99.37 percentile in NEET (UG) Examination. She applied online for admission to MBBS in Government Medical College and Hospital (GMCH) Chandigarh. The counselling of NRI for admission to MBBS in GMCH, Chandigarh was to be held on 04.07.2019 but due to pendency of CWP No.17110 of 2019 and CWP No.17026 of 2019, the counselling was postponed vide public notice dated 03.07.2019. However, because of uncertainty at GMCH, Chandigarh, the petitioner took admission in MBBS as NRI candidate in Pt. B.D. Sharma Post Graduate Institution of Medical Sciences, Rohtak. She was at serial No.1 in the list of eligible candidates in Category-II of NRI having highest percentile amongst the eligible candidates of both categories. She did not withdraw her admission from PGIMS, Rohtak. In GMCH, Chandigarh, the list of 9 eligible NRI candidates in category-I and 10 eligible NRI candidates in NRI Category-II was published. Petitioner was placed at serial No.1 and respondent No.4 was placed at serial No.2. The original documents were not produced by the petitioner at the time of counselling in GMCH, Chandigarh as the same were with PGIMS, Rohtak. The claim of the petitioner was rejected/not considered on the ground that she could not produce original certificates at the time of counselling.

(3.) The petitioner is aggrieved by the action of the respondent authorities in not granting admission on the ground that she could not produce original documents at the time of counselling. Against heading "Counselling"?, an important note has been given as Clause (i) and (ii), which are reproduced as under :-