Himachal Pradesh High Court
Dr. Neha Verma And Others vs The State Of Hp And Others on 25 April, 2018
Bench: Sanjay Karol, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 914 of 2018.
Date of decision: 25th April, 2018.
Dr. Neha Verma and others .......Petitioners.
Versus .
The State of HP and others ......Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting ?1 For the petitioner: Mr. Narender Sharma, Advocate. For the respondents: Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Additional Advocate Generals.
_________________________________________________ Sanjay Karol, Acting Chief Justice (Oral) In the present petition, petitioners have prayed for the following reliefs:
1. To issue writ in the nature of certiorari and the entire admission process done for filling up the seats to the Postgraduate MD/MS course for the session 2018-2021 against state quota In Indira Gandhi Govt. Medical College and Dr Rajender Prasad Medical College Tanda, District Kangra, HP filled-up after serial No 30 be quashed and set aside.
2. To issue writ in the nature of mandamus commanding respondents to convene fresh counselling for admission to Post Graduate MD/MS course and the petitioner No 1 be called for counseling against set at serial No 31 being at roster point No.4 (available to ST candidate) and petitioner No. 1 be allotted seat in General Medicine at Dr Rajender Prasad Medical College Tanda, accordingly proceed further in the admission process adhering strictly to 40 point roster and call all other petitioners at appropriate points available for.1
Whether the reporters of Local Papers may be allowed to see the judgment ?.
::: Downloaded on - 26/04/2018 22:58:51 :::HCHP -2-2. By way of interim order, petitioners want the Court to interfere with the result of the First Round of Counseling, which stands conducted and concluded by the appropriate authorities, in terms of the Prospectus-cum-Application Form for Counselling and .
Admission for Postgraduate Degree (MD/MS) Courses.
3. Before us, it is not in dispute that the First Round of Counselling stood concluded on 5.4.2018 and the present petition was filed only thereafter, i.e. on 23.4.2018.
4. In view of the law laid down by the apex Court in Ashish Ranjan versus Union of India, (2016) 11 SCC 225 as followed in Dr. Vinay Bhardwaj versus State of Himachal Pradesh and others in CWP No. 931 of 2016 dated 10th May, 2016, we are not persuaded by Mr. Narender Sharma, Advocate to pass interim order, for it would disturb the position emanating as a result of first round of counseling.
At this stage, learned counsel for the petitioners seeks permission to withdraw the present petition reserving liberty to enable the petitioners to approach the apex Court. Well we do not express any opinion on such prayer and as prayed for, allow the petitioners to withdraw the present petition. Accordingly, petition is dismissed as withdrawn with liberty as prayed for.
(Sanjay Karol ) Acting Chief Justice.
April 25, 2018. (Sandeep Sharma)
(cm Thakur) Judge.
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