CWP-5639/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.5639/2010 Dr. Sunita Lamba Vs Rajasthan University of Health Sciences & ors. DATE OF ORDER : 10/05/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Dharamveer Tholia, for petitioner. Dr. YC Sharma, for respondents No. 1 and 2 Mr. SP Sharma, for respondent No.3. Instant petition has been filed by the petitioner basically with the grievance that she may be permitted to participate in the second counselling which is going to be held by the respondents for PG Medical & Dental Course- 2010. The petitioner appeared in Pre-PG Medical & Dental Examination-2010 as non-service OBC (Female). Her result was declared on 04/02/2010 and she secured 964 marks out of 1200 and was placed at No. 42 in the merit list as non- service (OBC Female) category candidate. Notification for counselling was notified on 03/04/2010 wherein there was a Clause 11 that the candidates will be authorized for reshuffling of his/her merit only, if he/she joins the allotted course but it has not been disputed that such candidates, who submit application while participating in the counselling process, if their choice is not available, they are permitted to appear in CWP-5639/2010 2 second counselling. However, in the instant case, the petitioner was allotted the subject MD (Paediatic) in Mahatma Gandhi Medical College and Hospital (respondent NO.3). When she was called upon to deposit the fee vide letter Anx.3, the petitioner submitted an application that she will deposit the fees as desired only with the condition that if she gets branch of her choice in the second counselling, the fees deposited will be refunded to her. Mr. SP Sharma, counsel for respondent No.3- Institution submits that once the petitioner deposits fees and joins the course, the seat available with the Institution shall stand filled and in no circumstances, the fees can be refunded to the candidate at a later stage. In peculiar facts and circumstances of the instant case, counsel for petitioner, after seeking instructions form her client who is also present in Court, submits that the seat allotted to the petitioner of MD (Paediatric) in the respondent-Institution may be treated to be 'choice not available' and the petitioner will try her fate in the second counselling which is going to take place in near future and will not have any claim so far as the seat allotted to the petitioner in the first counselling of MD (Paediatric) in the CWP-5639/2010 3 respondent No.3-Institution in pursuance to the notification dt. 03/04/2010. Taking note of the submissions made by counsel for the petitioner, after seeking instructions from his client, this Court considers it appropriate to clarify that the seat offered to the petitioner of MD (Paediatric) in respondent No.3-Institution will be treated as 'choice not available of the petitioner' and this seat will be treated as vacant and may be filled up in the second counselling and the petitioner will not have any claim over the seat and she may be considered for admission according to her merit in the second counselling which is going to take place in near future. With these directions/observations, the writ petition stands disposed of [AJAY RASTOGI], J. Raghu/p.3/ 5639-CW-2010-final.doc