Shivani v. Ut Of Chandigarh And ORS
CWP No. 18187-2016 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No. 18187 of 2016 (O&M) Date of Decision: 28.01.2025 Shivani .....Petitioner versus U. T., of Chandigarh through its Secretary and others .....Respondents
Present :
Mr. Samarth Sagar, Advocate and Mr. Sunil Kumar, Advocate, for the petitioner. Mr. Ashish Rawal, Advocate, for U.T. Chandigarh. Mr. Nitin Kant Setia, Advocate, for respondent9CBSE. Mr. Ravi Sharma, Advocate and Mr. Raywant Kaushish, Advocate, for respondent No.5. Mr. Akshay Kumar Goel, Advocate, for respondent No.7. ****
The petitioner who was aspirant for admission to MBBS course after completing her National Eligibility cum Entrance Test for the session 2016917 approached this Court through the present petition praying for the following reliefs:9
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While taking cognizance of the matter, this Court on 02.09.2016 passed the following interim order:9 4-
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Pursuant to the interim order dated 02.09.2016, directing respondents to consider the candidature of petitioner, the same was considered but rejected since there was no reservation prescribed for Other Backward Classes (OBC) in Chandigarh and also that her caste 'Hindu Vaniyas' was not a Backward class in Chandigarh.
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Interim order dated 02.09.2016 was assailed by Union Territory, Chandigarh in LPA No. 2507 of 2016 which came to be dismissed on9merits on 24.01.2017 by this Court.
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This Court thereafter passed interim orders dated 07.09.2016 and 16.11.2016, pursuant to which the petitioner was given provisional admission in November92016. Since then petitioner completed her course of MBBS sometimes in the year 2022 but neither her Detailed Marks Certificate nor degree was issued to her which compelled her to file an appropriate application before this Court which came to be disposed of vide interim order dated 24.08.2023 whereby the following directions were passed by this Court:9 4)
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The aforesaid interim order dated 24.08.2023 was assailed by the petitioner before the Apex Court essentially on the ground that prayer for issuance of Detailed Marks Certificate (DMC) was not considered by the High
CWP No. 18187-2016 5 Court. The Apex Court vide order dated 02.12.2024 passed the following order:9 48 ) 5
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In the aforesaid circumstances, where the petitioner has already completed the course of MBBS and has been granted detailed Mark9 Certificate as well as provisional degree pursuant to the orders passed by this Court as well as Apex Court, this Court is left with no option but to regularize the admission of the petitioner.
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The aforesaid decision is taken especially in the light of the revelation made by learned counsel for U.T. Administration that no other unreserved candidate had to suffer to accommodate the petitioner. It is also informed that the petitioner had been admitted on the supernumerary seat.
CWP No. 18187-2016 6 9.
In view of the above, this Court declines to interfere into the merits of the dispute raised as regards the validity of admission of the petitioner and dispose of this petition with the observation that the present order shall not be cited as a precedent.
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The respondent9University is directed to ensure release all the original credentials of the petitioner of having passed the MBBS course. 11.
With these observations, the petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE (SUMEET GOEL) JUDGE 28.01.2025 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√