"Keeping Seats Vacant Serves Nobody's Cause": Rajasthan High Court Allows Ayurveda Aspirant's Plea For Admission In PG Course

Justice Dinesh Mehta, observed,

"This Court is of the view that interest of justice would be better served if the petitioner is accorded admission in Ayurveda PG course. Keeping the seats vacant serves nobody's cause – it is a wastage of resources."

In this case, the petitioner, aspiring to get admission in the PG course of Ayurveda, appeared in the All India Ayush Post Graduate Entrance Test (AIAPGET) for academic Session 2020-21. Coordinator conducted two rounds of counselling and thereafter, a mop up round on 23.02.2021.

Whereafter stray vacancy round was held in which the petitioner was present before the concerned Board, however, he was not given admission. Petitioner alleged that presently many seats are lying vacant as well as his aforesaid representation is also pending.

Appearing on behalf of petitioner, Adv. Yash Pal Khileree argued that indisputably, many seats are lying vacant and keeping them vacant will not only take away candidates' rights, but also restrict the resources of the University. He submitted that in case the petitioner, who is passionate to do the course and is otherwise higher in merit is given admission, it would be beneficial to all concerned.

AAG Anil Kumar Gaur for respondent-Board submitted that the said seats were offered to the candidates, who after admission resigned from seats. He, however, did not dispute the factual submissions made by learned counsel for the petitioner.

The court, while granting relief, added that the fact that the petitioner is being given admission by the Court at a later point of time, will not create any equity in his favour.

The court also observed that the petitioner will be required to fulfil requisite attendance criteria of the respondent-University for being eligible to appear in the examinations. Furthermore, the petitioner shall also be required to pay applicable fees and charges, added the court.

Case Title: Dr. Gopal Choudhary v. UG/PG Ayush Counseling Board and Ors.

Citation: 2022 LiveLaw (Raj) 28

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