High Court of Punjab and HaryanaCWP/24957/2022disposed of

Sahil v. Govt. Medical College And Hospital Secotr-32, Chandigarh And Another

2022-11-03The Chief Justice,Mr. Justice Arun Palli13 pages

CWP No. 24957 of 2022 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No. 24957 of 2022 (O&M) Date of Decision: 03.11.2022 Sahil .....Petitioner

Versus

Government Medical College and Hospital, Sector 32, Chandigarh and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present:- Mr. Sahil, petitioner in person.

Mr. Rakesh, Law Officer, GMCH-32, Chandigarh with Mr. Satpal Singh, Registrar (Academic), GMCH-32, Chandigarh.

Dr. Akshita Kundra, respondent No.3 in person. * * * * The matter has been taken up at the request of the parties as members of the bar are abstaining from work.

This petition has been filed by the petitioner invoking extra ordinary writ jurisdiction under Articles 226/227 of the Constitution of India being aggrieved by an order dated 26.10.2022 (Annexure P-13) passed by respondent No.2, vide which the representation filed by the petitioner in terms of the liberty granted by this Court vide order dated 21.10.2022 passed in Civil Writ Petition No. 24614 of 2022, has been rejected and the petitioner has been denied admission on Orthopaedic seat reserved for Economically Weaker Section (EWS) category in Government Medical College and Hospital, Sector 32, Chandigarh on the ground that he does not

CWP No. 24957 of 2022 2 fulfill the domicile criteria prescribed for Union Territory, Chandigarh pool quota contained in Clause 2 B(iii) of the Prospectus. The petitioner appearing in person submits that he had submitted his EWS Certificate alongwith Residence Certificate as required under the Clause of the Prospectus and the supporting documents before the authorities to establish that he was born and brought up in Chandigarh and his father holds immovable property in Chandigarh i.e. a flat allotted to his father under EWS category in Housing Board Colony, Dhanas, Union Territory, Chandigarh. He submits that he fulfills the criteria prescribed for the U.T. pool but the authorities without considering the documents have rejected his claim on the ground that his parents do not own property in Chandigarh.

This Court after hearing the learned counsel for the petitioner as well as learned Senior Standing Counsel appearing for Union Territory, Chandigarh had passed a detailed order on 31.10.2022 to the following effect:- "

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& $ &1 ( < & ... < & $ / ! &> In view of the statement made before this Court as aforesaid, the matter was taken up on 01.11.2022. As the members of the bar were abstaining from work, Mr. Rakesh, Law Officer and Mr. Satpal Singh, Registrar (Academic), Government Medical College and Hospital, Sector 32, Chandigarh, appeared on behalf of GMCH-32 and submitted that the authorities may be granted a day's time to re-examine the matter and pass a fresh order in this regard. The order dated 01.11.2022 passed by this Court is to the following effect:- ? $ $ $ #( ( $

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/ ! &> In compliance of the statement before this Court, when the matter was taken up by this Court on 02.11.2022, Mr. Rakesh, Law Officer, GMCH-32, Chandigarh, placed minutes of the meeting held on 01.11.2022, wherein the Committee has stated that the petitioner has a valid certificate establishing him as EWS candidate and has also a valid Residence Certificate and has thereafter taken a conscious and considered view to

CWP No. 24957 of 2022 7 partially re-conduct the counseling held on 26.10.2022 in order to determine the rights of the petitioner (EWS category under U.T. Chandigarh pool) qua the other eligible candidates and to give a fair chance to all who might be at parity with him.

During the course of hearing, Dr. Akshita Kundra daughter of Sh. Sanjeev Kundra, resident of House No. 2114, Sector 45, Union Territory, Chandigarh, a candidate, who had been allotted the Orthopaedic seat in GMCH, Sector 32, Chandigarh, in the second round of counseling after its conversion to the general category, appeared in Court and prayed that she may be impleaded as a respondent in the present petition. Accordingly the said candidate was directed to be impleaded as respondent No.3 in the petition. Pursuant to the aforesaid events, this Court had passed the following detailed order on 02.11.2022:- ? $ / $ #( (

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$& &> Pursuant to the impleadment and liberty granted by this Court vide order dated 02.11.2022, today Dr. Akshita Kundra-respondent No.3 has filed her written statement in Court, which is taken on record. The respondent No.3 submits and has stated in her written statement that the petitioner does not belong to the EWS category as he had not furnished the necessary documents in support of his claim under the UT pool quota as prescribed under Clause 2 B (iii) of the Prospectus. Respondent No.3 has also stated that she cannot be held responsible for whatever has happened with the petitioner as she appeared in the counseling in accordance with law and took a seat which was available and offered to her by the authorities concerned. It is stated that there is no concealment or fault on the part of respondent No.3 and in such circumstances, as the respondent has been allotted a seat in accordance with law, at this stage, the petition filed by the petitioner being belated deserves to be dismissed as rights have accrued to respondent No.3.

CWP No. 24957 of 2022 9 We have heard the petitioner appearing in person; Mr. Rakesh, Law Officer and Mr. Satpal Singh, Registrar (Academic), Government Medical College and Hospital, Sector 32, Chandigarh appearing on behalf of GMCH, Sector 32, Chandigarh as well as Dr. Akshita Kundra-respondent No.3 in person.

The decision taken by the Admission Committee on 01.11.2022 is in the following terms:-

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From a perusal of the aforesaid minutes, it is evident that the Admission Committee has stated that the petitioner has a valid certificate establishing him as an EWS category candidate and has also a Residence

CWP No. 24957 of 2022 11 Certificate and the authorities after realizing their mistake have reconsidered the matter and taken a conscious considered view to partially re-conduct the counseling held on 26.10.2022 in order to determine the rights of the petitioner (EWS category under U.T. Chandigarh pool) qua the other eligible candidates and to give a fair chance to all who might be at parity with him. In view of the aforesaid facts and circumstances, specifically the decision of the Committee dated 01.11.2022, this Court is not required to go into the merits of the claim of the petitioner or the rival claims as the authorities themselves have reconsidered the issue and finding the EWS Certificate and U.T.

Pool Residence Certificate to be valid and realizing their mistake have taken a considered decision to partially re-conduct the counseling that was held on 26.10.2022. We are also not required to look into the correctness or the validity of the decision dated 01.11.2022 taken by the Admission Committee in the present proceedings as the same have not been challenged by any person including respondent No.3. On a specific query being made, it is informed by the officers of GMCH, Sector 32, Chandigarh, present in Court that the admission process is going on and the mop-up round of admission would be held on 14.11.2022 and the last date for admission is 25.11.2022 and in such circumstances, as the admission process is still going on, the permission as prayed for be granted.

Though under normal circumstances, the schedule as notified and prescribed cannot be altered or modified even by the Court except in exceptional circumstances. However, in view of the law laid down by the Supreme Court in S.Krishna Sradha versus State of Andhra Pradesh and others (2020) 17 Supreme Court Cases 465, wherein the Supreme Court has held that even after the admission process is over and the last date for

CWP No. 24957 of 2022 12 admission has lapsed and in cases where the Court finds that there is no fault attributable to the candidate and the candidate has pursued his/her legal right and remedies expeditiously without any delay and there is fault only on the part of the authorities and/or there is apparent breach of rules and regulations as well as related principles in the process of grant of admission, which has resulted in violation of right of equality and equal treatment to the competing candidates, the Court, in such exceptional circumstances, can permit admission even after the last date of admission provided that said action or order is passed within a month of the last date of admission. In the instant case, the admission process is still going on.

The authorities in their own decision have stated that the petitioner possesses the necessary documents for qualifying in the U.T. pool and realizing that he has been wrongly denied consideration for no fault on his part and the admission process is still going on, have sought permission to partially re-conduct the counseling held on 26.10.2022 in order to determine the claim of the petitioner under EWS category under U.T. Chandigarh pool qua other eligible candidates and to give a fair chance to all who might be at parity with him.

In view of the facts of the present case and the stand of the authorities, we think it appropriate to allow the request and therefore, without expressing any opinion on the merits of the case or the entitlement of the parties and looking to the fact that the petitioner has approached this Court within time and as presently advised, no fault is attributable to him and there appears to be an apparent fault and breach of the rules relating to the admission on the part of the authorities, the permission as prayed for by the respondent-authorities vide their decision dated 01.11.2022, is granted. It

CWP No. 24957 of 2022 13 is made clear that the exercise as aforesaid be completed before the mop up round and well before the last date of admission as notified. As stated earlier, we make it clear that this Court has not expressed any opinion in respect of the merit of the issues raised by the petitioner in the present petition or for that matter the rival contentions of respondent No.3 and the issues raised by her in her written statement, which are left open to be considered, if so required, by the authorities concerned at the time of conducting re-counselling. We have also left open the rights of any person aggrieved to assail the decision of the Admission Committee dated 01.11.2022, if so advised, in accordance with law. With these observations, the petition stands disposed of.

ravinder Whether speaking/reasoned √Yes/No Whether reportable √Yes/No