IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 18463 of 2011 Date of Decision: 04.11.2011 Asha ...Petitioner Versus Pt. B.D.Sharma University and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Minderjeet Yadav, Advocate, for the petitioner. Mr. Rajbir Sehrawat, Advocate, for respondents No.1 and 2. Mr. Alok Jain, Advocate, for respondent No.3. **** SURYA KANT, J.(Oral) The petitioner seeks quashing of admission granted to respondent No.3 who is lower in merit in M.B.B.S. Course. She also seeks a mandamus directing the official respondents to give her admission in M.B.B.S. Course in respondent No.1 University. 2. The admitted facts are that the petitioner as per her merit position in the entrance examination held on 12.06.2011 was entitled to be admitted to M.B.B.S. Course in 2nd counselling held on 20.09.2011. This is also not in dispute that the petitioner did appear at the time of 2nd counselling and her presence is duly recorded. The petitioner, however, was not admitted to M.B.B.S. Course and instead next candidate(s) in order of merit were given admission, as according to the official respondents, the petitioner 'left the counselling place' without appearing before the Counselling Board. Her candidature was CWP No. 18463 of 2011 [2] accordingly not considered for admission to M.B.B.S. course under ESM category and respondent No.3 who was the next in merit was given admission in MBBS course under the ESM category. 3. I have heard learned counsel for the parties at some length and have perused the record. 4. In my considered view it would be too far fetched to accept that the petitioner though was physically present at the time of 2nd counselling but did not respond to the call given for admission. There is no rhyme or reason for the petitioner to be absent at that particular moment only when she was called for admission more so when she was too keen to seek admission in MBBS course though she is already pursuing her B.D.S. Course. The fact that the petitioner approached this Court hardly within a week after the 2nd counselling, also dissuades to accept the story coming-forth from the respondents. Suffice it to observe that this Court has serious doubts on the manner of observing transparency. 5. For the reasons aforestated, the writ petition is allowed and respondents No.1 and 2 are directed to admit the petitioner to the MBBS Course forthwith but not later than one week from the receipt of a certified copy of this order. However, It shall be open for respondents No.1 and 2 to see that the admission of other students lower in merit is not cancelled, if so permissible and possible under the Rules/Regulations. Dasti. 04.11.2011 (SURYA KANT) 'ravinder' JUDGE