Sonawane Dimpal Madan v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-11624-2022 (O&M) Date of decision:- 26.05.2022 Sonawane Dimpal Madan

...Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Nitish Bhatia, Advocate, for the petitioner.

Mr. Avinit Avasthi, Assistant Advocate General, Punjab. * * * * RAVI SHANKER JHA, C.J. (ORAL) This writ petition has been filed by the petitioner seeking a direction to the respondent-authorities to shift her from respondent No. 3 - Mai Bhago Ayurvedic College for Woman, Muktsar to Shri Satya Sai Murlidhar Ayurvedic College and Hospital, Moga, Punjab. The petitioner's case is that she participated in the admission process for obtaining admission in the BAMS course after having appeared in the NEET, 2021. It is stated that she was allotted respondent No. 3 - college. The petitioner submits that subsequently she came to know that several seats are lying vacant in Shri Satya Sai Murlidhar Ayurvedic College and Hospital, Moga, where girls from Maharashtra have got admission.

On this ground, the petitioner approached the respondent-authorities for shifting her seat from respondent No. 3 - college to Shri Satya Sai Murlidhar Ayurvedic College and Hospital, Moga. However, the respondent-authorities have not acceded to her request till date. It is submitted that even respondent No. 2 vide its e-mail has replied that the seat can be transferred only with the consent of both the colleges.

Having heard learned counsel for the petitioner, it is observed that, at the very initial stage, the writ petition is not found to be maintainable on account of non-impleadment of the necessary party, namely, Shri Satya Sai Murlidhar Ayurvedic College and Hospital, Moga. AMODH SHARMA 2022.05.27 15:18 I attest to the accuracy and integrity of this document

CWP-11624-2022 (O&M) Quite apart from the above, nothing has been placed before this Court to indicate that the seats that are sanctioned by the All India Body of Ayurvedic Colleges can be shifted from one college to another merely on the basis of mutual agreement between them. In the absence of any such provision, we are of the considered opinion that no writ can be issued by this Court as the petitioner does not have any right in that regard. The writ petition being meritless is accordingly dismissed. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 26.05.2022 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2022.05.27 15:18 I attest to the accuracy and integrity of this document