- (1.) The Petitioner is a student of Post Graduation Speciality Course Hifz-e-Sehat in Unani Medicine in the Aligarh Muslim University. The Petitioner was admitted in the Session 2009-10 in the said course which is of three years. After having obtained 19th Rank in the Entrance Test, the Petitioner was granted admission and has undergone the first year of his course. He again attempted a second time in the Entrance Examination for a fresh admission in the session 2010-11. This time the Petitioner succeeded in getting 6th rank in the Entrance Test and has thereafter made a request to the University to cancel his earlier admission of 2009-10 and to allow him to pursue his post graduation course against the seat to which he is entitled under the fresh Entrance Test of 2010-11.
(2.) The University has resisted the claim of the Petitioner on the ground that the Petitioner had already given an undertaking at the time of the admission in the previous session which is to the following effect: 1.l undertake that as I am admitted to the above stated course in the Session 2009-10 on 30/03/2010 thereafter, I shall not seek admission to any other course including P.G. Course in Unani Medicine any where not only this year but in the coming years till full duration of course. 2. That I assure and further undertake that I shall complete three years duration of this course and I shall not leave my studies midway during the course for the purpose of taking admission to any other discipline of Unani Medicine in A.M.U. Or in any other institution in India.
(3.) That I further undertake that in case I would find breaching this undertaking I shall be liable to punishment under disciplinary rule for concealment of facts. My admission to the course shall be automatically get cancelled and decision of the University in this regard shall be final and no litigation in this regard shall be tenable. 3. On the said undertaking the Petitioner has been denied the cancellation of his previous years admission, and admission in the current session 2010-11.;