Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Aditi Anand vs Lady Hardinge Medical College And Ors on 22 November, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~131
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 16123/2022 & CM APPLs. 50363/2022
                                  ADITI ANAND                                             ..... Petitioner
                                                     Through:      Mr. Rahul Gupta and Ms. Ria Yadav,
                                                                   Advocates.

                                                     versus

                                  LADY HARDINGE MEDICAL COLLEGE AND ORS.
                                                                            ..... Respondents
                                              Through: Mr. Mohinder JS Rupal and Ms.
                                                       Shaifali    Jain,   Advocates      for
                                                       University of Delhi/R-2.
                                                       Mr. T. Singhdev and Mr. Bhanu
                                                       Gulati, Advocates for NMC.

                                  CORAM:
                                  HON'BLE MR. JUSTICE SANJEEV NARULA
                                               ORDER

% 22.11.2022 CM APPL. 50364/2022 (u/S 151 of the Code of Civil Procedure, 1908 seeking permission for filing lengthy synopsis and list of dates, dimmed and small font and uncertified copies of annexures)

1. Exemption is granted, subject to all just exceptions.

2. The 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) 16123/2022 & CM APPL. 50363/2022(seeking interim directions)

4. Petitioner cleared NEET-PG 2022 examination and secured All India Signature Not Verified Digitally Signed W.P.(C) 16123/2022 Page 1 of 4 By:SAPNA SETHI Signing Date:22.11.2022 18:37:39 Rank of 16129, and was allotted a seat in M.D./M.S. Obstetrics & Gynaecology program [hereinafter "program"] with Respondent No. 1/Lady Hardinge Medical College, which is affiliated to Respondent No. 2/University of Delhi. Petitioner was issued a Provisional Admission Letter, on submission of Rs. 15,900/- towards admission fees, and also submitted a surety bond dated 1st October, 2022 for Rs. 10 lacs in favour of Respondent No. 1/college.

5. Petitioner joined the program on 20th October, 2022, but on the ground of health and well-being affected by the workload, Petitioner tendered resignation dated 07th November, 2022, with a request to the College to refund admission fee. The resignation and surrender of seat has not been accepted as yet.

6. In the above background, the instant petition has been filed seeking a mandamus to Respondents to accept the resignation with a direction to permit allocation of seat to another intending candidate in the forthcoming counselling, and on filling up of the same, discharge the liability of surety bond and refund admission fee. Further, directions are sought against Respondents to not restrict Petitioner from participating in the counselling for the next session, in case Petitioner qualifies the same.

7. Issue notice. Mr. Mohinder JS Rupal, Advocate, accepts notice on behalf of Respondent No. 2. Counter affidavit be filed within a period of two weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.

8. In the opinion of the court, presence of National Medical Commission is necessary and it is impleaded as Respondent No. 4. Let an amended memo of parties be filed before the next date of hearing. Mr. T. Singhdev, counsel Signature Not Verified Digitally Signed W.P.(C) 16123/2022 Page 2 of 4 By:SAPNA SETHI Signing Date:22.11.2022 18:37:39 for NMC, appearing on behalf of National Medical Commission on request of this Court, accepts notice for NMC.

9. Issue notice to remaining Respondents, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.

10. Mr. Rupal states that as per the scheme of said examination, no resignation can be accepted on completion of second round of counselling. Further, Mr. T. Singhdev, who has rendered assistance to the Court virtually, states that timelines for counselling and admission have been set by the Supreme Court. In the instant case, since Petitioner has already joined the program and submitted a surety bond for the seat in question, in case resignation is tendered, consequences would necessarily follow.

11. Counsel for Petitioner states that Petitioner is aware of the consequences, and in particular, the effect of breaching the bond so executed, nevertheless, Petitioner is not inclined to pursue said course with the College.

12. In the above circumstances, resignation can only be accepted at Petitioner's own risk and peril. However, considering the fact that Petitioner is not inclined to continue, 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 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.

13. The above direction does not absolve the Petitioner of the consequences that would arise from resignation.

14. A copy of this order be given dasti under the signatures of the Learned Court Master.

15. Re-notify on 9th December, 2022.

SANJEEV NARULA, J NOVEMBER 22, 2022 d.negi Signature Not Verified Digitally Signed W.P.(C) 16123/2022 Page 4 of 4 By:SAPNA SETHI Signing Date:22.11.2022 18:37:39