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2018 DIGILAW 1505 (HP)

Anshul Kalia v. State of Himachal Pradesh

2018-08-13

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR

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JUDGMENT : Dharam Chand Chaudhary, J. The petitioner appeared in National Eligibility-cum-Entrance Test (UG)-2018 [NEET (UG)-2018] for admission in MBBS/BDS courses during the academic session 2018-2019. On declaration of the result, he made an application for seeking admission against 85% state quota seats in the Medical/Dental colleges situated in the state of Himachal Pradesh. He appeared in the first round of counselling on 1st July, 2018. He was allotted a seat reserved for Scheduled Caste community in Shree Lal Bahadur Shastri Government Medical College, Ner Chowk, District Mandi (HP), vide letter Annexure P-4. 2. Simultaneously, he on the basis of merit got admission against a seat reserved for Scheduled Caste Community in Government Medical College, Chandigarh on 3rd July, 2018 as is apparent from Annexure P-5. His admission to the course at Chandigarh was, however, challenged in the High Court of Punjab and Haryana at Chandigarh by way of filing civil writ petition No. 15586 of 2018 (O&M), titled Sabhya Kamal versus Union Territory Chandigarh & others on the ground, inter alia, that being a reserved category candidate of State of Himachal Pradesh, he could have not been granted admission in Government College, Chandigarh. The writ petition was allowed vide judgment Annexure P-6 and as a result whereof the admission of the petitioner in Govt. Medical College, Chandigarh has been cancelled. 3. Consequently, the petitioner has made the representation Annexure P-7 to the Director, Medical Education and Research, Himachal Pradesh- respondent No. 2, the in-charge, Counselling Committee to allow him to appear in second round of counselling which had yet to be held for admission against state quota seats. The representation so made by him is stated to be under consideration of the said respondent. 4. Though the reply has been filed by 3rd respondent and the prayer qua appearance in second round of counseling made by the petitioner is agitated on the ground that as per the provisions under the prospectus for academic session 2018-2019 provisional admission was granted vide Annexure P-4 to the petitioner during the first round of counseling, however, he had not deposited the admission fee. Hence, not entitled to appear in the second round of counseling. 5. Hence, not entitled to appear in the second round of counseling. 5. We fee that if the stand so taken by the respondent- University is accepted, it will not be harsh but oppressive also to the petitioner for the reasons that he is in merit and was allotted seat in first round of counseling itself on merit. Since he simultaneously got admitted in Government Medical College, Chandigarh, therefore, opted for pursuing his course in that college at Chandigarh and sought admission there. However, it is his ill luck that his admission to the course was quashed by the High Court of Punjab and Haryana vide judgment Annexure P-6. He, therefore, is entitled to appear in second round of counseling qua which date has not yet been fixed as stated by learned standing counsel representing the respondent No. 3-University. 6. Otherwise also, the petitioner not sought the direction to admit him in the course and rather to allow him to appear in the second round of counseling. Being so and in view of he is in merit, there is no reasons as to why he should not be allowed to appear in the second round of counseling. 7. We further note from the record that the petitioner is not at any fault for the reason that on the basis of the counseling having taken place on 1st July, 2018 at Shimla the letter qua his provisional admission in Shree Lal Bahadur Shastri Government Medical College, Ner Chowk, District Mandi (HP) Annexure P-4 was issued by respondent No. 3 on 17.7.2018. The date for deposit of fee etc. was up to 21st July, 2018. Interestingly enough, well before the date of issuance of Annexure P-4 and the deposit of fee, he appeared in the counseling at Chandigarh on 13.7.2018 and got admission there. There is another aspect i.e. the judgment Annexure P-6 of Punjab and Haryana High Court came on 24.7.2018 by which time the period to deposit the fee against state quota seat allotted to him in Shree Lal Bahadur Shastri Government Medical College, Ner Chowk, District Mandi (HP) had already expired. Such peculiar circumstances also substantiate the relief claimed in the writ petition because the petitioner is not at any fault, hence, in the given facts and circumstances should not be made to suffer. 8. Such peculiar circumstances also substantiate the relief claimed in the writ petition because the petitioner is not at any fault, hence, in the given facts and circumstances should not be made to suffer. 8. In view of what has been said hereinabove, we allow this writ petition and direct the respondents to allow the petitioner to appear in second round of counseling as and when held and in case found to be in merit be allotted the seat against 85% State quota seat in Medical/Dental Colleges situated in the State. 9. The writ petition is accordingly disposed of, so also the pending applications, if any.