Delhi High Court - Orders
Dr. Siya Sethi vs Union Of India & Anr on 24 November, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16235/2022
DR. SIYA SETHI ..... Petitioner
Through: Mr. Ashim Sood, Mr Rhythm Buaria
and Mr. Kuber Bajaj, Advocates with
Dr. Amba Sethi (Petitioner's mother).
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Rajnish Kumar Gaind and Mr.
Rahul Kumar Sharma, Advocates for
R-1.
Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Bhanu Gulati and
Ms. Ramanpreet Kaur, Advocates for
NMC.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 24.11.2022 CM APPL. 50801/2022 (seeking exemption)
1. Exemption is granted, subject to all just exceptions.
2. Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
W.P.(C) 16235/2022 & CM APPL. 50800/2022(seeking interim relief)
4. Petitioner, after securing All-India Rank of 11932 in NEET-PG 2022 examination, was allotted a seat in Respondent No. 2 - Bharati Vidyapeeth Signature Not Verified Digitally Signed W.P.(C) 16235/2022 Page 1 of 3 By:SAPNA SETHI Signing Date:24.11.2022 18:58:22 Medical College, Pune, a deemed to be university [hereinafter, "College"]. Upon completion of necessary formalities, including payment of Rs. 36,75,000/- towards annual course fee and Rs. 2,40,000/- towards hostel charges, Petitioner was admitted in M.D. (Radio-Diagnosis) program [hereinafter, "course"] by the College. Within a few days of joining, she was diagnosed as being on the 'Autism Spectrum' by an expert in the field. Considering the vigorous requirements of the course and her condition, she is not inclined to continue with the course. When Petitioner expressed her intention to resign, the College informed her that the fee already paid by her will be forfeited. In this regard, several representations were sent by Petitioner's mother on her behalf to the College, but the same have gone unanswered. In such circumstances, Petitioner seeks permission to surrender her seat and refund of paid fee.
5. Noticing the reason for withdrawal, the Court interacted with Petitioner's mother, who is present in Court, to get a better grasp over the issue. Petitioner's mother apprises of Petitioner's distressing state caused by her ailment. She states that Petitioner will not be able to keep up with the needs of the course. On this aspect, Court requested Mr. T. Singhdev, Advocate, to render assistance qua the facilities extended to students with special needs, during the continuance of undergraduate or post-graduate programmes. It manifests that there are no rules/ regulations dealing with this issue. Although there may be a lacuna in rules, the Court has nonetheless encouraged Petitioner not to give up and compromise her career solely for this reason. Petitioner's mother, however, states that a conscious and informed decision to resign has been taken by Petitioner, and insists that she must be allowed to do so without any penalty (i.e., forfeiture of fee Signature Not Verified Digitally Signed W.P.(C) 16235/2022 Page 2 of 3 By:SAPNA SETHI Signing Date:24.11.2022 18:58:22 paid).
6. Issue notice. Mr. Rajnish Kumar Gaind, Advocate, accepts notice on behalf of Respondent No. 1. Counter affidavit be filed within a period of ten days from today. Rejoinder thereto, if any, be filed before the next date of hearing.
7. Upon filing of process fee, issue notice to remaining Respondent, by all permissible modes, returnable on the next date of hearing.
8. Considering the fact that Petitioner is not inclined to continue on account of her ailment, in the opinion of the Court, the seat in question would go waste if the same is not offered to other candidates in the remaining stray round of counselling. Accordingly, keeping the interest of the general public and other candidates in mind, it is directed that the said vacancy be taken up in the next round of counselling.
9. Mr. Singhdev is requested to forthwith intimate this order to the concerned authority for compliance.
10. The above directions shall be subject to final outcome of the petition.
11. The order be given dasti under signatures of the Court Master.
12. Re-notify on 09th December, 2022.
SANJEEV NARULA, J NOVEMBER 24, 2022 d.negi Signature Not Verified Digitally Signed W.P.(C) 16235/2022 Page 3 of 3 By:SAPNA SETHI Signing Date:24.11.2022 18:58:22