DR. ANEET SINGLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY., MEDICAL EDUCATION, LKO. AND OTHERS
CMRAD/79/2025 · 2025-07-25
Jaspreet Singh
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 140060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140060 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43095 Court No. - 8 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 79 of 2025 Applicant :- Dr. Aneet Singla Opposite Party :- State Of U.P. Thru. Addl. Chief Secy., Medical Education, Lko. And Others Counsel for Applicant :- Sameer Singh,Ajay Singh,Sakshi Singh Counsel for Opposite Party :- Amit Jaiswal Ojus Law,Syed Mohammad Haider Rizv Hon'ble Jaspreet Singh,J. Heard learned counsel for the review petitioner and learned Standing counsel for the State respondent, Sri Syed Mohammad Haider Rizvi learned counsel for the respondent no.2 and Sri Amit Jaiswal learned counsel for the respondent no.3. From the record, it may be noted that the writ petition bearing no.3224 of 2025 (Dr. Aneet Singla vs State of U.P. and Ors) was instituted in this Court on 01.04.2025 with the following prayer:-
"(a) Issue a writ order or direction in the nature of mandamus directing the opposite party no.2 and 3 to take admission of the petitioner upon vacant seat in Subharati Medical College, Meerut i.e. opposite party no.3 for M.D. Medicine. (b) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to ensure that the seat in Subharati Medical College Meerut i.e. the opposite party no.3 may not remain vacant." The matter was taken up before this Court on 04.04.2025 and thereafter noticing the submissions as well as the willingness expressed by the counsel for the petitioner who was permitted to withdraw the petition with liberty to take a recourse to whatever provision was available to the petitioner in law. The said order dated 04.04.2025 reads as under:
"Heard learned counsel for the petitioner, Shri Rahul Shukla, learned Additional Chief Standing Counsel for the State-respondent, Shri Syed Mohammad Haider Rizvi, learned counsel for the respondent No.2 and Shri Amit Jaiswal, learned counsel for the respondent No.3.
Learned counsel for the petitioner, after making his submission at length, submits that he may be permitted to withdraw the petition with liberty to take recourse whatever the provisions are available to the petitioner in law. In view of the aforesaid, the petition is dismissed as withdrawn with liberty as aforesaid." The record further reflects that against the order dated 04.04.2025 passed by this Court which has been reproduced hereinabove, the petitioner went ahead before the Apex Court wherein vide order dated 07.05.2025, the Apex Court permitted the petitioner to withdraw the petition from the Apex Court granting liberty to file a review petition before the High Court. The order passed by the Apex Court reads as under:
"1. Learned senior counsel for the petitioner seeks permission to withdraw this petition with liberty to file review petition before the High Court.
2. Permission granted.
3. The special leave petition is, accordingly, disposed of as withdrawn with liberty sought for. " It is in the aforesaid backdrop that the matter is before this Court. Submission of learned counsel for the review petitioner is that the case of the petitioner should have been considered on its merit and even though for the specialty in general medicine course which is sought by the petitioner there are certain vacancies available including the respondent no.3 accordingly the petitioner may be granted indulgence to get admission therein. Sri Rizwi and Sri Jaiswal learned counsel for the respondent nos.2 and 3 have unanimously stated that the relief cannot be granted to the petitioner since the last stray round of counselling ended on 20.03.2025 and in such circumstances, nothing further can be granted.
Learned counsel for the petitioner does not dispute the fact that the writ petition itself was filed almost after ten days of concluding the stray round of counselling. A specific query was put to the counsel for the review petitioner as to indicate under what provision or authority of law, can such a relief be granted to the petitioner as claimed for which none could be cited. Considering the fact that the last round of counselling as ended on 20.03.2025 coupled with the fact that the writ petition itself
came to be filed on 1st of April, 2025, there is no provision under which the Court can grant any indulgence which has been sought for. Accordingly, the review petition is dismissed.
Order Date :- 25.7.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench