V.K. Shukla, J. - (1.) Petitioner Jyoti Shukla is before this Court praying for the following reliefs:- "(a) issue a writ, order or direction in the nature of Certiorari quashing the allotment of seat reserved for NCC General Sub-Category in LLRM Medical College, Meerut to the petitioner. (b) issue a writ, order or direction in the nature of Mandamus directing the respondents to transfer the petitioner to GSVM Medical College, Kanpur on the one seat reserved for NCC general sub-category on which Ms. Ojasvi Yadav has wrongly been admitted. (c) issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of case."
(2.) Brief background of the case is that the petitioner had appeared in the National Eligibility-cum Entrance Test (NEET-2016) with Roll No. 8750541. The petitioner is a general category student, and holds the NCC (National Cadet Corps) category 'C' certificate also. The petitioner had secured 96.976709 percentile in NEET-2016. The overall rank of the petitioner was 3877 in the State of U.P. while in the sub-category of NCC, the petitioner was ranked 5th all over the State. The counselling of the petitioner was carried out at MLN Medical College, Allahabad on 21.09.2016 pursuant to the declaration of result on 04.09.2016. In the counselling, the petitioner was allotted the seat reserved for NCC candidates in the NCC general sub-category at LLRM Medical College, Meerut. The petitioner having been directed to report on or before 25.09.2016 at LLRM Medical College, Meerut for admission, claims that the petitioner went and joined LLRM Medical College, Meerut as MBBS student in the NCC general sub-category of the unreserved seats and is currently pursuing her course.
(3.) Petitioner has come up with the case that during the counselling on 21.09.2016, certain irregularities were committed, inasmuch as one other candidate who belonged to the NCC OBC, sub-category had been allotted the NCC general sub-category seat in GSVM Medical College, Kanpur. The father of the petitioner immediately represented to the Director General Medical Education and Training, Lucknow, U.P. on 21.09.2016 itself inviting attention of the irregularities committed by sending e-mail. Petitioner claims that when no action was taken, the petitioner moved an application under Right to Information Act on 10.10.2016 requesting the Director General Medical Education and Training, Lucknow, U.P. to intimate the total number of seats reserved in the NCC general and NCC reserved category across the State of U.P. as also the seats reserved specifically in GSVM Medical College, Kanpur. Petitioner has further contended that the petitioner, being interested only for admission in GSVM Medical College, Kanpur, wrote a letter on 10.10.2016 to the Public Information Officer, GSVM Medical College, Kanpur requesting information as to details of the students who had been admitted under the NCC general sub-category in the unreserved Scheduled Caste/Scheduled Tribe category. On 21.10.2016, the petitioner was informed of the names of the student who had been admitted to pursue MBBS course in the GSVM Medical College, Kanpur under the NCC sub-category. On 24.11.2016, the Public Information Officer informed the petitioner that the list of selected candidates was available on the website www.updgme.in and the petitioner should access the information herself from the website. Petitioner claims that when the petitioner checked the website as advised by the Public Information Officer, the petitioner could not find any list as was claimed to have been available on the website. Further, the petitioner has proceeded to point out that she had already requested for information in respect of total number of seats reserved for admission Medical College wise, but the letter dated 24.11.2016 only mentioned about the allotted seats. The petitioner pointed out that she wanted to know the names and details of the persons to whom such seats have been allotted. Thereafter, on 09.12.2016 alone, the Public Information Officer made available the requisite information to the petitioner. As per the information made available to the petitioner, one seat was reserved under the NCC general sub-category in KGMU, Lucknow and one other seat was reserved under the same category in GSVM Medical College, Kanpur. One seat under the same category was also reserved in SN Medical College, Agra. Petitioner claims that when she found that one seat under the NCC sub-category had been reserved in KGMU, Lucknow and also GSVM Medical College, Kanpur, the petitioner was taken by surprise, inasmuch as being the highest rank student across the State of U.P. under the General subcategory, the petitioner was eligible and entitled to be allotted the seat of her choice in which ever college of the State of U.P., she wanted to join to pursue her MBBS studies. Petitioner has further contended that from a perusal of the seat chart supplied to the petitioner for GSVM Medical College, Kanpur, the petitioner came to know that 2 students belonging to the OBC category had been admitted under the NCC sub-category, whereas one student had been admitted under the scheduled caste NCC sub-category. Petitioner claims that she filed objections and has also obtained entire list of allotment of NCC sub category seats across all the Medical Colleges and across all the categories and with all the material available, petitioner as of now is before this Court with the contention that it is not at all open to the State of U.P. to fill up NCC General Sub-Category seat with a NCC OBC Sub-Category Candidate/student only on account of higher rank of NCC subcategory candidate/student and in view of this, a request has been made that intervention be made and requisite relief as prayed for be granted by this Court.;