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High Court of DelhiW.P.(C)/9976/2015

Akash Kumar v. All India Institute Of Medical Sciences

2016-04-04Hon'Ble Mr. Justice Manmohan2 pages

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9976/2015 AKASH KUMAR ..... Petitioner Through Mr.Sermon Rawat, Advocate.

versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES ..... Respondent Through Mr.M.K.Singh, Advocate with Dr.Sanjeev Lalwani, Registrar, AIIMS.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 04.04.2016 The present writ petition has been filed pursuant to a direction contained in para 17(C) of the judgment dated 21st August, 2015, which reads as under:- " 17 (C) To consider whether the one seat reserved for AIIMS candidate (in service) not filled up can be added to the remaining six (06) seats and, if so, on what basis (prima facie it appears that the admission thereto should be again on merit, irrespective of category). The decision in this regard be taken within a period of ten days from today." In the writ petition, it has been averred that the petitioner' representation dated 28st August, 2015 filed pursuant to the aforesaid paragraph has not been disposed of.

Today, the learned counsel appearing for respondent-AIIMS has shown to this Court its internal note sheet dated 7th September, 2015 which states that once a seat is reserved for AIIMS candidates

(in service), it cannot be added to the remaining six seats. In the note sheet, it is also stated that the said information was disclosed to the petitioner on the same date.

Keeping in view the said contemporaneous note of the respondent-AIIMS as well as the fact that more than six months have lapsed since the course commenced, this Court is of the view that no relief can be granted to the petitioner today. Accordingly, the present writ petition is dismissed. MANMOHAN, J APRIL 04, 2016 KA