Aprajita Chaturvedi v. Union Of India & ANR

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.6181/2018 & C.M. No.23879/2018 APRAJITA CHATURVEDI .... Petitioner Through Mr.Praveen Kumar Singh, Adv. with Mr.Rajeeve Gupta, Adv.

versus UNION OF INDIA & ORS.

..... Respondents Through Mr.Ripu Daman Bhardwaj, Adv. for R-1.

Mr.Mohinder J.S. Ruipal, Adv. for R3.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 30.05.2018 At the oral request of learned counsel for the petitioner, Delhi University is impleaded as party respondent no.3 in the present petition.

Vide the present petition, the petitioner has sought a direction to respondent no.2/college to release her original documents which had been deposited by her while taking admission in M.S. (General Surgery) in respondent no.2/College.

Learned counsel for the petitioner submits that the petitioner had been allotted the aforesaid seat in the second round of counselling under the All India Quota and had accordingly submitted all her original documents to respondent no.2.

Mr.Praveen Kumar Singh, learned counsel for the petitioner further submits that based on her performance in the independent entrance examination conducted by All India Institute of Medical Sciences (hereinafter referred to as AIIMS), the petitioner has secured an All India Rank '104' in the General category and would, therefore, be eligible to be allotted a seat in a subject of her choice in AIIMS, which is a premier institution of the country. The petitioner had, therefore, approached the respondent no.1 with a request to permit her to resign from the seat allotted to her in Moulana Azad Medical College so that she could participate in the counselling to be held by AIIMS.

Mr.Singh submits that at the time of taking admission respondent no.2/College, Delhi University, the petitioner had furnished a bond, whereby she had undertaken to pay a sum Rs.10 lakhs in case she leaves the said course of M.S.(General Medicine) before its completion. He submits that the petitioner is ready to pay the aforesaid sum of Rs.10 lakhs to the Registrar, Delhi University and, therefore, contends that there is no reason as to why the petitioner could not be allowed to leave the seat allotted to her in Maulana Azad College.

Mr.Ripu Daman Bhardwaj, learned counsel for respondent no.1, who appears on advance notice, upon instructions from Dr.B.Srinivas, Additional Director General of respondent no.1, 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.

In view of the aforesaid statement on behalf of respondent no.1, learned counsel for the petitioner does not wish to press the present petition any further.

In these circumstances, it is agreed between the parties that, subject to the petitioner depositing a sum of Rs.10 lakhs with respondent no.2 on 31.05.2018, her resignation from the seat in respondent no.2/College would stand accepted and her original documents would be immediately returned to her by respondent no.2, so to enable her to take part in the counselling to be conducted by AIIMS.

Needless to say that 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 stands disposed of in the above terms with no order as to costs. Dasti under the signature of Court Master.

REKHA PALLI, J MAY 30, 2018/aa