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HIGH COURT OF DELHI
Date of Decision: 19.10.2023
NEHA YADAV ..... Appellant
Through: Mr. Rajeev Saini, Ms. Aditi Singh, Rishabh Shukla and Ms. Anisha Saksena, Advocates.
Through: Mr. Rajkumar Yadav and Mr.Abhishek Khanna, Advocates for respondent No.1 to 4.
Mr. Rohan Malik and Mr. Shantanu Parashar, Advocates for respondent
No.5.
HON'BLE MR. JUSTICE SANJEEV NARULA SATISH CHANDRA SHARMA, CJ. (ORAL)
JUDGMENT
1. The present Appeal is arising out of an order dated 11.10.2023 passed by the Learned Single Judge in W.P.(C.) No. 13321/2023
2. The facts of the case reveal that the Appellant before this Court after completing her MBBS Course from SRM Medical College and Research Centre, Chennai, appeared in National Eligibility cum Entrance Test (Post Graduation), 2023 (NEET (PG), 2023) and received 469/800.
3. The facts further reveal that the counseling conducted by Medical Counselling Committee (MCC) took place in the matter and the Appellant was allotted the Post Graduate Seat i.e. MD Hospital and Administration.
4. The facts also reveal that the Respondent No.5 was allotted a seat in Diploma in Obstetrics and Gynaecology.
5. The Respondent No.2 Director General, Armed Force Medical Services issued a notification dated 03.10.2023 inviting applications in category 5 candidates in respect of various Institutions under the control, and the Respondent No.5 was allotted a seat in DNB Dermatology. The counseling took place on 05.10.2023, and it has been vehemently argued before this Court by the Learned Counsel for the Appellant that the Respondent NO.5 was holding a seat on 05.10.2033, and could not have been given admission keeping in view the NEET (PG), 2023 Counseling Regulations.
6. The Learned Single Judge by an order dated 11.10.2023 has dismissed the writ petition. The aforesaid order passed by the Learned Single Judge reads as under:
7. The aforesaid order passed by the Learned Single Judge reveals that the Appellant was not able to point out any violation in statutory provisions of law in the matter of allotment of seat to Respondent No. 5. On the contrary, a document has been brought on record by Learned Counsel for the Respondent No.5 which establishes that on 05.10.2023, the Respondent No.5 was not holding any seat as she resigned in respect of Diploma in Obstetrics and Gynaecology. The said document produced by Respondent No.5 is as under:
8. The Respondent No.5 had also submitted an undertaking dated 05.10.2023 at the time of counseling, and the said undertaking also reveals that she was not holding any PG seats in any Medical Institution. The undertaking given by the Respondent No.5 is also reproduced as under; “UNDERTAKING/ CERTIFICATE TO BE RENDERED BY THE PRIORITY V CANDIDATE FOR AFMS PG COUNSELLING 2023 HELD ON OCT 2023. Candidate Roll No (NEET 2023) 23641935212, Name SAKSHI NEET Score 474 NEET Rank 25114
1. I, SAKSHI hereby accept my choice of speciality for MD/ MS/DNB/MDS as under - COURSE SUBJECT INSTITUTION DNB DERMATOLOGY AT BASE HOSPITAL, DC
2. I know that I have to report to allocated institute by 12:00 noon on 10 Oct 2023 for further documentation and joining of the course.
3. At present I am not holding any PG seats in any Medical Institution.
4. I certify that I will register myself with the University accordingly and WILL NOT ask for change of subject or institution at a later date.
5. I, after having accepted the subject of my choice at the counseling for selection to NEET PG/MDS 2023 held on 05 Oct 2023, understand, that it I do not join the course on due date after my detallment, it will be considered as voluntery withdrawal from the course and will be governed by extent policy on the subject for applying / detailment for Mb/MS/MDS/DNB course in future.
6. I certify that I am aware of the rules and regulations of the University. I also undertake that after registration for MD/MS/DNB/MDS course, I shall follow all the rules and regulations as stipulated by the University and teaching Institutions, as amended from time to time and my candidature is liable to be cancelled in the event of any breach of the same on my part. I accept to undergo the said course leading to the award of Degree of MD/MS/DNB/MDS DNB DERMATOLOGY, on successful completion of the course.
7. It is certified that I am also aware of the fact that my final registration for the course is subject to fulfilling the eligibility criteria of the concerned institution and University.
8. I confirm that I belongs to the same priority under which I have registered and allotted seat.
9. I also certify that the information provided by me is correct and true to the best of my knowledge. It at any stage during the course, any information given by me is found to be incorrect I suppressed, 1 am liable to be withdrawn from MD/MS/MDS and my candidature with University will be terminated accordingly. Place: Signature: -Sd- Date: 05/ 10 /2023 Name:SAKSHI”
9. This Court is in agreement with the order passed by the Learned Single Judge, and keeping in view the Regulations governing the field as Respondent No.5 was not allotted seat in third round of counseling, the Respondent No.5 cannot be held to be disentitled for an allotment of a seat by Respondent No.2.
10. In the considered opinion of this Court no case of interference is made out in the present LPA, and, accordingly, the same stands dismissed.
SATISH CHANDRA SHARMA, CJ SANJEEV NARULA, J. OCTOBER 19, 2023