High Court of DelhiW.P.(C)/5598/2018

Dr. Shekhar Swaroop v. Union Of India And ORS.

2018-05-23Hon'Ble Ms. Justice Rekha Palli2 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5598/2018 & C.M. Nos.21821-22/2018 DR. SHEKHAR SWAROOP ..... Petitioner Through Mr.Kshitij Kumar, Adv.

versus UNION OF INDIA AND ORS.

..... Respondent Through Mr.Dev.P.Bhardwaj, CGSC for R-1.

Mr.Mohiner JS. Rupal with Mr.Prang Newmai and Ms.Slomita Rai, Advs for R-2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 23.05.2018 Vide the present petition, the petitioner seeks a direction to the respondents to accept his resignation, which he had tendered vide his letter dated 14.05.2018.

Learned counsel for the petitioner prays that the petitioner is similarly placed as Dr.Sneha Prakash, the petitioner in W.P.(C)No.5397/2018, and prays that the petition be allowed in the same terms.

For parity of reasons, issue notice. Mr. Dev.P.Bhardwaj and Mr.Mohinder JS Rupal, learned counsels for the respondent nos.1 and 2 respectively, accept notice and do not dispute the aforesaid position. Mr.Dev.P.Bhardwaj, learned counsel for respondent no.1, who appears on advance notice, upon instructions, submits that in the

peculiar facts of the present case, the respondent no.1 has no objection in permitting, the petitioner to vacate the said seat, as that would enable the respondents to include the same in the mop-up counselling, which is scheduled to be held on 26.05.2018. In view of the aforesaid statement made on behalf of learned counsel for the respondent no.1, learned counsel for the petitioner does not wish to press the present petition any further. In these circumstances, the parties agree that, subject to the petitioner depositing a sum of Rs.10 lakhs with respondent no.3 on 24.05.2018, his resignation from the seat in Maualana Azad Medical College would stand accepted and his original documents would be immediately returned to him by respondent no.3, so to enable him to take part in the counselling to be conducted by AIIMS. Needless to say, the aforesaid statement has been made by respondent no.1 in the peculiar facts of the case and will not act as a precedent.

The writ petition alongwith pending applications stand disposed of in the above terms with no order as to costs. Dasti under the signature of Court Master.

REKHA PALLI, J MAY 23, 2018 sr