R.M. Sahai, R.K. Gulati, J. - (1.) On 23rd August, 1985, a Bench of this Court directed that until further orders passed if any seat for admission in M.D. Paediatrics course was available and the opposite party considers it proper in the special circumstances of the case, to consider the application of petitioner for being accommodated against that seat, they may do so. The claim of the petitioner was that since there were 7 teachers, 7 students could be admitted in the Paediatrics course. This has been denied in the counter-affidavit. It is averred that there were only 5 teachers and therefore, only 5 students could be admitted. Apart from it the allocation of the seats depends on the orders issued by Government every year and not on the ratio of the Professors and the student. In any case since in pursuance of the order passed by the court the opposite -party granted the admission and since the date the admission was granted two years have elapsed and the petitioner has completed his course and submitted his thesis, if we adjudicate upon the merits of petition it may inequitably be against the petitioner, therefore following the practice adopted by the Supreme Court in the case of Dr. Rajiv Srivastava, 1985 UPLBEC 152 that where a student who has completed his course it would be fair to direct that his result may be declared on purely humanitarian grounds we, dispose of this petition by directing the opposite party to declare the result of the petitioner in case he has completed the course in pursuance of the admission granted by the opposite party. The writ petition is disposed of accordingly. There shall be no order as to costs.
(2.) Copy of this order, be given to learned counsel for parties on payment of usual charges within a week. Petition decided accordingly.;