MANOJ KUMAR  Vs UNION OF INDIA & ANR.

LPA 33 /2021 Page 1 of 3
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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 22nd January, 2021

+ LPA 33/2021
MANOJ KUMAR ….. Appellant
Through: Mr. Manu Garg, Advocatae
versus
UNION OF INDIA & ANR. ….. Respondents
Through: Mr. Rajesh Kumar, Advocate for UOI
Mr. Dushyant Prashar & Mr. Monu Parashar, Advocates for R -2/AIIMS

CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

D.N. PATEL , CHIEF JUSTICE (ORAL)

CM APPL.2439/2021 (exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
1. Being aggrieved and feeling dissatisfied by the order dated 22nd
December, 2020 passed by the learned Single Judge in W.P.(C) 12734/2019
(Annexure A -1 to the memo of this appeal ), the presen t appeal has been
preferred by the original petitioner. LPA 33/2021
2. We have heard the learned counsel s for both the sides and look ed into
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LPA 33 /2021 Page 2 of 3
the facts and circumstances of the case . The appellant is the original
petitioner in the writ petition, wherein he has sought directions to consider
his case for admission in AIIMS/respondent No.2 for the M BBS Course
2019 as well as to declare the OBC certificate dated 02.07.2019 furnished by
the petitioner, as valid. From a reading of the impugned order, it is evident
that the pre sent appeal has been preferred challenging an order whereby the
learned Single Judge has simply adjourned the matter to 15th February, 2021
and without waiting for any substantive order to be passed, the appellant has
rushed to this Court by filing the pre sent appeal, which is untenable in law.
3. For ready reference, the order dated 22nd December, 2020 passed by
the learned Single Judge in CM APPL. 52065/2019 & CM APPL.
25026/2020 in W.P.(C) 12734/2019 reads as under:

“This hearing is conducted through Vide o-Conferencing.

4. Thus, neither any right nor any liability of the parties in litigation has
been decided by the learned Single Judge and the present appe al is not
maintainable . Nonetheless, since the subject matter of the writ petition
relates to admission to an MBBS Course, we hereby request the learned Single Judge to expedite the hearing of W.P.(C) 12734/2019. CM APPL. 52065/2019 & CM APPL. 25026/2020

It is already 5:00 PM.
No time left.
List on 15.02.2021.”

5. Learned counsel for the respondents submits that th e appellant is
seeking admission in a n MBBS Course for the Academic Session 2019 –
2020 , for which cut off date for giving admission was 30th September, 2020 ,
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LPA 33 /2021 Page 3 of 3
and thus at this stage, on this ground alone, apart from other grounds, the
writ petition is even otherwise liable to be dismissed. Since we are not
concerned with the merits of the matter in the present appeal, suffice it
would be to state that this aspect of the matter along with the other grounds
raised in the writ petition, would be consider ed by the learned Single Judge ,
while deciding the writ petition on its own merits. Needless to state that we have not entered into the merits of the case and the learned Single Judge
would decide the writ petition without being influenced by the order passed
by this Court.
6. With the aforesaid observations, this appeal is disposed of.

CHIEF JUSTICE

JYOTI SINGH, J
JANUARY 22, 2021
ns

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