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Through: Mr. Mohinder J.S. Rupal, Adv. for University of Delhi.

Mr. T. Singhdev & Mr. Vishu Aggarwal, Advs. for MCI.

CORAM:-

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J
1. The petitioner passed her final year MBBS Examination in November, 2012 from Maulana Azad Medical College and being desirous of pursuing post graduation, appeared in the All India Post Graduate Medical Entrance Examination (AIPGMEE) held in the year 2014 and secured 122 nd rank in the General Category and was in the last round of counselling held provisionally admitted to MS (Ophthalmology) under the 50% Delhi University Quota, at University College of Medical Sciences, Guru Teg Bahadur Hospital, Shahdara. It is the case of the petitioner that after attending the classes of MS (Ophthalmology) for 6-7 days, she realized that she had made a wrong choice and approached the concerned officers of the respondent in this regard and was advised that if deposits the bond amount of Rs.5,00,000/- and resigns her seat, she would be allowed to appear in the next examination and counselling. The petitioner accordingly vide letter dated 17th July, 2014 resigned from her seat in MS (Ophthalmology) and sought permission to appear in the next counselling. Along with the said letter, a demand draft of Rs.5,00,000/- was enclosed. The respondent vide its letter dated 25th July, 2014 accepted the resignation of the petitioner and returned the original certificates of the petitioner as she had deposited the bond money of Rs.5,00,000/-. However nothing was said in the said letter with respect to the permission sought by the petitioner to appear in the next counselling. The petitioner vide letter dated 10th September, 2014 sought permission to appear in the next counselling and upon not receiving any reply, filed this writ petition impugning Clause 9.11 of the Bulletin of Information of the respondent for PG courses whereby restriction has been put on the candidates to appear in the subsequent Post Graduate Medical Examination Merit (PGMEM) till the duration of the course is over, if the candidate has surrendered the seat allotted in the last counselling. It is contended that such a condition is ultra vires Articles 13,14,16 & 21 of the Constitution of India.