Anu Kaushik v. Union Of India And ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4805/2017 ANU KAUSHIK ..... Petitioner Through:

Mr. Ajay Khanna and Mr. Ankit Khanna, Advs.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Bhagvan Swarup Shukla, CGSC for R1.

Mr. R.K. Gupta and Mr. B.P. Gupta, Advs. for R2/ AIIMS.

Dr. O.P. Sharma, Assistant Controller of Examination/R3.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 27.05.2017 The respondent nos. 2 and 3 have been served and are represented by Mr. R.K. Gupta and Mr. B.P. Gupta, Advs. along with respondent no.3 Dr. O.P. Sharma, Assistant Controller of Examination. I have heard learned counsel for the parties. The case of the petitioner is that her application for Entrance Examination for MBBS was rejected on the ground that the thumb impression is blurred / thumb impression is not according to the instructions given in the prospectus.

It is the case of the respondent nos.2 and 3 that the application of the petitioner was rejected with the aforesaid deficiencies on 8th February, 2017. Thereafter no attempt has been made by the petitioner to rectify the same. During the course of submissions, it transpired that respondent nos. 2 and 3

with the approval of the Director have allowed many candidates to rectify deficiencies similar to the one as noted in this case, i.e., thumb impression being blurred / thumb impression being not in accordance with the instructions given in the prospectus.

Mr. R.K. Gupta, states that as the petitioner did not approach the authorities, the deficiencies in her case could not be carried out as was done in other cases. Even though the said submission is contested by the learned counsel for the petitioner, noting the above inasmuch as the respondents have allowed, candidates with similar deficiencies to correct the deficiencies in their case, this court is of the view that the petitioner should be allowed to rectify the deficiencies in her case as well. The petitioner shall approach respondent no.3 Dr. O.P. Sharma, Assistant Controller of Examination, today, on or before 3 PM. Dr. O.P. Sharma shall allow the petitioner to rectify the deficiencies so as to enable the petitioner, sit in the examination for MBBS, stated to be on 28th May, 2017.

Mr. Ajay Khanna, learned counsel for the petitioner states that the aforesaid shall satisfy the grievance of the petitioner in this petition and the petition may be disposed of as such.

The petition is disposed of.

A copy of this order be given dasti under the Signatures of the Court Master.

CM. No. 20786/2017 (for directions) Dismissed as infructuous.

V. KAMESWAR RAO, J MAY 27, 2017/jg