ASHISH KUMAR Vs. H.P.K.V.V.

JUDGEMENT

(1.) On going through the prospectus and the relevant records we are of the opinion that the petitioner cannot succeed. It is brought to our notice that under Clause 4 23 of the prospectus the waiting list will stand automatically exhausted after 15 days of commencement of classes and no admission will be made after the stipulated period in order to meet the academic standard and also to confirm to the requirements of Veterinary Council of India Act and instructions/orders framed thereunder by Academic Council from time to tune. Whatever may be the reason of the rule, it clearly says that on the expiry of 15 days of commencement of classes the waiting list will stand automatically exhausted. It follows, therefore, that the waiting list stood exhausted on 29 -8 -1996,

(2.) The petitioners case is that he was No. 20 in the waiting list and inspite of the university selecting certain persons from the waiting list there were some persons who were above him and did not want to join, therefore, the petitioner would have to be selected. It is also his case that one candidate by name Isam Preet Kaur Bajwa left the course in the middle and joined M.B.B S Course in I G. M. C Shimla on 3rd September, 1996. The petitioner has produced an affidavit sworn to by the said isam Preet Kaur Bajwa The affidavit bears date 3rd September, 1996 According to the affidavit, she joined the course in this university in the month of August 1996 in M B.B.S. Course in I. G. M. C. , Shimla on 3rd September, 1996. That affidavit does not disclose as to when exactly the deponent left this course. She had not informed the university about her leaving the course. According to the learned Counsel for the university, no intimation was given to the university by the said Isam Preet Kaur Bajwa nor the affidavit, now produced by the petitioner, had been forwarded to the university,

(3.) The petitioner had addressed a letter to the Registrar of the university on 5 -9 -1996 pointing out that said Isam Preet Kaur Bajwa had relinquished her claim to the seat and joined another course and therefore a seat had become vacant which could be allotted to him.