Arefeh Chegeni v. Union of India and Others

(L. Nageswara Rao and Hemant Gupta, JJ.)

 

Arefeh Chegeni _________________________________ Petitioner;

 

v.

 

Union of India and Others _______________________ Respondent(s).

 

Writ Petition(C) No. 1167 of 2019, decided on September 30, 2019

 

With

 

W.P (C) No. 1174 of 2019 W.P (C) No. 1173 of 2019 W.P (C) No. 1179 of 2019 and W.P (C) No. 1180 of 2019

 

The Order of the court was delivered by

Order

 

1. Seats were allotted from the central pool to the students of various countries which are mentioned in the proceedings dated 24.04.2019 for admissions to the first year MBBS Course in Government Medical Colleges. Likewise, seats were also reserved for students from the North-Eastern States and Union Territories. The particulars of allotment to various Government Medical Colleges in the country were finalised on 16.08.2019. Pursuant to the nomination made by the students from the North-eastern States and from Iran, Nepal and Bhutan, the Ministry of External Affairs by a letter dated 30.08.2019 gave its consent for admission to the nominated students in the Government Medical Colleges. The students reported to the Medical Colleges immediately thereafter on 1^st and 2^nd September, 2019. They were refused admission on the ground that the last date for admission, as approved by this Court in Ashish Ranjan v. Union of India [W.P.(C) No. 76 of 2015], expired on 31.08.2019.

 

2. The students who were granted admission to the first year MBBS Course have filed these writ petitions seeking our indulgence. As the communication pertaining to the admission of the students was sent by the Ministry of External Affairs only on 30.08.2019, the students coming from other countries and from the North-Eastern States and Union Territories could not have reported before 31.08.2019. No fault can be found on the part of students for not reporting before the last date. They have rushed immediately after they were informed about the admission in the Government Medical Colleges. Therefore, we are of the opinion that the last date as fixed by this Court in Ashish Ranjan (supra) needs to be relaxed in favour of the writ petitioners. The respondents are directed to grant admission to the writ petitioners by extending the last date till 07.10.2019, provided they are otherwise eligible. In a similar situation that arose last year, we had to come to the rescue of the students who were intimated about their admission in the medical colleges in the eleventh hour. To avoid inconvenience being caused to the students who are sponsored by other countries and the State Governments and the Union Territories in whose favour seats are allocated, we direct the Government of India to intimate the concerned authorities of the State Governments, the Union Territories and other Countries about the approval of admissions to candidates whose names are sponsored, at least 15 days before the last date of admission. In other words, the approval shall be communicated by the Union of India before the 15^th of August every year.

 

3. The writ petitions are accordingly, allowed. Pending applications, if any, stand disposed of.

 

Writ Petition(s)(Civil) No(s). 1167/2019

 

Arefeh Chegeni ____________________________________ Petitioner

 

v.

 

Union of India & Ors _____________________________ Respondent(s)

 

WITH

 

W.P.(C) No. 1174/2019 (X)

 

W.P.(C) No. 1173/2019 (X)

 

W.P.(C) No. 1179/2019 (X)

 

W.P.(C) No. 1180/2019 (X)

 

Date: 30-09-2019 This petition was called on for hearing today.

 

(Before L. Nageswara Rao and Hemant Gupta, JJ.)

 

For Petitioner(s) Mr. Abhimanyu Bhandari, Adv.

 

Mr. Saket Sikri, Adv.

 

Ms. Ranjeeta Rohatgi, AOR

 

Mr. K. Gayatri, Adv.

 

Mr. Vikalp Mudgal, Adv.

 

Mr. Samten D, Adv.

 

Mr. Abhishek Thakral, Adv.

 

Mr. Amit Kumar Singh, Adv.

 

Ms. K. Enatoli Sema, AOR

 

Mr. Gaurav Prakash, Adv.

 

Mr. R.K. Gupta, Adv.

 

Mr. A.K. Singh, Adv.

 

Mr. Imran Karim, Adv.

 

Mr. Shekhar Kumar, AOR

 

For Respondent(s) Mr. A.N.S. Nadkarni, ASG.

 

Ms. Sunita Sharma, Adv.

 

Mr. Devashis Bharukha, Adv.

 

Mr. B.V. Balaram Das, Adv.

 

Mr. G.S. Makker, Adv.

 

Mr. Gaurav Sharma, AOR Mr. Dhawan Mohan, Adv.

 

Mr. Prateek Bhatia, Adv.

 

Ms. Prasanna Mohan, Adv.

 

Mr. Abhimanyu Tewari, AOR

 

Ms. Elizabar, Adv.

 

Mr. Dushyant Parashar, AOR

 

UPON hearing the counsel the Court made the following

 

ORDER

 

4. The writ petitions are allowed in terms of the signed order. Pending application, if any stand disposed of.

 

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