IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. No. 1019 of 2008 Date of decision: 3.7.2008 Aman Satya Kachroo ..Petitioner Versus Himachal Pradesh University ..Respondent Coram: The Hon’ble Mr. R.B.Misra, Judge. The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting? For the Petitioner: Mr.G.C.Gupta, Senior Advocate, with Mr. Amardeep S.Katoch, Advocate. For the Respondent: Mr. B.C.Negi, Advocate Per R.B.Misra, J. (Oral) Heard Mr. G.C.Gupta, learned Senior Advocate with Mr. Amardeep S.Katoch, Advocate. Heard Mr. B.C.Negi, learned counsel for the H.P. University. 2. Keeping in view the submissions of learned counsel for the parties and urgency of the matter the writ petition is being disposed of at the admission stage itself. 3. In the present writ petition a prayer has been made seeking direction to the respondent allowing the petitioner to participate in the counselling to be conducted on 15th July, 2008 and on wards for admission to 5½ year M.B.B.S. Course in reference to the reserved seat for category of children of J&K 2 migrants keeping in view the petitioner’s merit a direction has been sought for granting provisional admission in the course subject to his qualifying examination. In the alternative prayer has been made to keep one seat reserve or vacant in the reserved category till pronouncement of result of the petitioner for GCE Advanced Level (A Level) examination. 4. It appears, petitioner had appeared in the examination of for GCE Advanced Level (A Level) Examination (which is equivalent to 10+2 examination of CBSE) and as such the petitioner was allowed to appear in the entrance test of combined MBBS course and was declared to be first in the rank on merit amongst the candidates of reserved category of children of J&K migrants. According to the petitioner if one seat is kept reserved and as per result of GCE Advanced Level (A Level) Examination, proposed to be announced on 10th August, 2008, the petitioner is allowed to participate in the second counselling then the petitioner shall be admitted to MBBS course. The petitioner has an apprehension that for non availability of his result of GCE Advanced Level (A Level) Examination, his candidature may not be considered in the first counselling commencing from 15.7.2008. According to the petitioner he has every hope that he would be successful in GCE Advanced Level (A Level) Examination and by virtue of such certificate and the petitioner by virtue of having secured highest marks in MBBS entrance examination shall be selected for one of the reserved category seat. 3 5. On the other hand, it has been submitted by learned counsel for the University that the first counselling is commencing from 15th July, 2008 and the second counselling shall commence from 20th August, 2008 onwards to consider the case of the candidates in reference to the left-over seats of first counselling. 6. Keeping in view the best interest of the students and the educational institutions and keeping in view the fact that the petitioner has secured first rank amongst the candidates, who have applied for reserved category of children of J&K migrants and keeping in view that only one seat is available in the reserved category, it is directed that the counselling for considering in respect of one seat of reserved category in reference to the children of J&K migrants may take place from 20th August, 2008, when the petitioner may be allowed to face the counselling alongwith his testimonials and the certificates acquired by him and as outcome of counselling he may be admitted to MBBS course subject to the decision of the authorities concerned. In view of the above directions, the writ petition is disposed of. Copy dasti. ( R.B.Misra ), J. July 3, 2008(K) ( Surjit Singh ),J.