Dr. Nitish Gupta v. Union Of India And ORS.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3949/2018 DR. NITISH GUPTA ..... Petitioner Through Mr.Ravi Sikri, Sr.Adv with Mr.Ram Naresh Yadav and Mr.Deepak, Advs.

versus UNION OF INDIA AND ORS.

..... Respondent Through Ms.Monika Arora with Mr.Kushal Kumar, Advs for R-1.

Mr.T.Singdev with Mr.Tarun Verma, Advs for R4.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 21.05.2018 Learned senior counsel for the petitioner submits on instructions that the petitioner having been allotted a seat in M.D. Radio-Diagnosis in Dr. D.Y.Patil Medical College, Pune and the petitioner does not wish to pursue the present petition any further. Mr.Sikri however submits that in view of the fact that the petitioner did not attend the Ist or IInd counselling as he was not being treated as NRI quota candidate, the respondent no.1 be directed to adjust the sum of Rs.2.75 lakh (Rs.2 lakhs + 75,000/-) deposited by the petitioner toward first counselling, towards the amount payable towards participation in the mop-up counselling in which the petitioner has been granted the aforesaid seat. In my considered view, the aforesaid request made on behalf of the petitioner is just and fair, since it is the respondent no.1, which was at fault in not considering the petitioner as a NRI quota candidate in the Ist and IInd round of counselling. Accordingly, the writ petition

is dismissed as not pressed with a direction to the respondent no.1 to adjust the sum of Rs.2.75 lakhs paid by the petitioner towards the amount payable by him for participation in the mop-up counselling and the seat allotted to him therein.

Dasti under the signature of Court Master.

REKHA PALLI, J MAY 21, 2018 sr