IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (CIVIL) No of 2023

In The Matter of:

Shweta Singh ……. Petitioner

Versus

Union of India & Ors …….Respondent/s

INDEX

S. PARTICULARS PAGE NO
No
1. Notice of Motion

2. Urgent Application

3. Court Fee

4. Memo of Parties

5. Synopsis & List of Dates and Events

6. Petition U/s 226/ 227 Constitution of India

along with Affidavit

7. Annexure-P1(Colly)
True Copy of Adhar Card and Medical
registration Certificate of the Petitioner
8. Annexure P 2
True copy of the Allotment Letter dated
27.09.2023
9. Annexure P-3
True copy of medical record of the Petitioner

10. Annexure P4
 True Copies of notification of schedule for
special stray round vacancy

11. Vakalatnama

12. Proof of Service

PETITIONERS

THROUGH COUNSEL

AJITABHA PANDEY& D.K CHAUBEY

ADVOCATES

352/C-1B MUNIRKA

NEW DELHI-110067

9354793708
 IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (CIVIL) No of 2023

In The Matter of:

Shweta Singh ……. Petitioner

Versus

Union of India & Ors …….Respondent/s

NOTICE OF MOTION

Sir,

The enclosed Petition in the aforesaid matter is being filed on

behalf of the petitioner and is likely to be listed on 21.11.2023,
or, thereafter any date. Please take notice accordingly.

PETITIONER

THROUGH COUNSEL

AJITABHA PANDEY & D.K CHAUBEY

ADVOCATES
352/C-1B MUNIRKA
NEW DELHI-110067
9354793708
Place: New Delhi

Dated: 20.11.2023

IN THE HIGH COURT OF DELHI AT NEW DELHI

 WRIT PETITION (CIVIL) No of 2023

In The Matter of:

Shweta Singh ……. Petitioner

Versus

Union of India & Ors …….Respondent/s

URGENT APPLICATION
To
The Registrar
High Court of Delhi at New Delhi
Sher shah Suri Road
New Delhi
Sir,

Kindly treat the accompanying Writ Petition (Civil) as an urgent

one as accordance with the Delhi High Court Rules.

PETITIONER
THROUGH COUNSEL
AJITABHA PANDEY & D.K CHAUBEY
ADVOCATES
352/C-1B MUNIRKA
NEW DELHI-110067
9354793708
Place: New Delhi
Dated: 20.11.2023

IN THE HIGH COURT OF DELHI AT NEW DELHI

 WRIT PETITION (CIVIL) No of 2023

In The Matter of:

Shweta Singh ……. Petitioner

Versus

Union of India & Ors …….Respondent/s

COURT FEE

PETITIONER
THROUGH COUNSEL
AJITABHA PANDEY & D.K CHAUBEY
ADVOCATES
352/C-1B MUNIRKA
NEW DELHI-110067
9354793708
Place: New Delhi
Dated:20.11.2023
 IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (CIVIL) No of 2023

In The Matter of:

Shweta Singh ……. Petitioner

Versus

Union of India & Ors …….Respondent/s

MEMO OF PARTIES

Shweta Singh

D/o Sh Om Prakash Singh

R/o 140 Vikas Puram Colony

Janaura, Faizabad

Uttar Pradesh-224001 Petitioner

Versus

1. Union of India

Through its

Secretary, Department of Higher Education

Ministry of Education, 127-C Shastri Bhawan

New Delhi-110001

Email; secy.dhe.nic.in … Respondent No -1

2. National Medical Commission

Through its Secretary

Pocket- 14 , Sector – 8, Dwarka Phase -1

New Delhi – 110077

Email; pg.marb@nmc.org.in ...Respondent No 2

3. Directorate General of Health Services

Through its Director General

Room No 446 A Nirman Bhawan

Delhi-110011

Email; dghs@nic.in ..... Respondent No 3

4. Aarupadai Veedu Medical college & Hospital

Through Principal

Pondy Cuddalore Main Road,

Kirumam Pakkam Bahour Commune Panchayat

Puducherry - 607402

Email- dean@avmc.edu.in .....Respondent No 4

PETITIONER
THROUGH COUNSEL
AJITABHA PANDEY & D.K CHAUBEY
ADVOCATES
352/C-1B MUNIRKA
NEW DELHI-110067
9354793708
Place: New Delhi

Dated: 20.11.2023
 IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (CIVIL) No of 2023

In The Matter of:
Shweta Singh ……. Petitioner
Versus
Union of India & Ors …….Respondent/s
Synopsis and List of Dates

The Petitioner is a medical graduate, appeared in NEET PG

2023, obtained and was allotted seat in the Respondent No 4
college for the course MD Dermatology on dated 27.09.2023.
The Petitioner reported the Respondent No 4 on dated
06.10.2023 at Chennai and joined on dated 17.10.2023 at
Puducherry for the purpose to get posted in MD Dermatology
Course. The Petitioner as soon joined at Puducherry realized her
sensitivities toward atmosphere of coastal area/ sea water and
was exposed to complications like nausea, vomiting, loose
motion, mouth ulcers, continuous low blood pressure and
dizziness throughout the day and during the entire short period of
the stay at the Puducherry. The aforesaid symptoms were so
significant toward the health and well being of the Petitioner and
appeared on daily and regular basis. The Petitioner recourse
toward medical treatment and revealed her sensitivity toward the
coastal areas vide germane diagnosis. The Petitioner approached
to Respondent No 3 with her aforesaid situations of realities and
practicalities and requested to permit the Petitioner to participate
the special stray round vacancy at All India Level which has been
scheduled from 17.11.2023 to 22.11.2023 in order to get seat in
some other college in non-coastal area and to seek migration
through the directions of Respondent No 2.
It is pertinent to mention herein that the technical impediment the
Petitioner had encountered that the Petitioner being enrolled with
the Respondent No 4 cannot eligible to attend the special stray
round vacancy counseling and as soon the Petitioner will resign
from the Respondent No 4 the Petitioner would get debarred to
participate in the any further round of counselling for
forthcoming one year. It is pertinent to mention herein that the
only ray of hope left in front of the Petitioner is to seek directions
from this Hon’ble Court in order to save herself from the huge
irreparable academic loss. The set rules and regulations laid by
Respondent No 2 in an expressed manner permits the migration
of medical students from one college to another college subject
to availability of seats.

List of Dates
27.09.2023 The Petitioner even dated was allotted seat in the
Respondent No 4.

06.10.2023 The Petitioner even dated reported at Chennai for

the purpose of reporting for admission in the
Respondent No 4.

17.10.2023 The Petitioner even dated joined at Puducherry for

the purpose to get posted in Respondent No 4 in
the MD Dermatology Course.

17.10.2023-

11.11.2023 The Petitioner during the 17.10.2023 to 11.11.2023

resided in Puducherry along with the symptoms
of allergy.

20.11.2023 Hence, the present Petition.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (CIVIL) No of 2023

In The Matter of:
Shweta Singh ……. Petitioner
Versus
Union of India & Ors …….Respondent/s
PETITION U/S 226/227 CONSTITUTION OF INDIA FOR
ISSUANCE OF WRIT OF MANDAMUS TO THE
RESPONDENT NO 2 &3 TO ALLOW THE PETITIONER TO
PARTICIPATE IN THE SPECIAL STRAY ROUND
VACANCY AND TO PERMIT MIGRATION

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is a citizen of India and a qualified

medical doctor. A copy of Adhar card and Medical
registration Certificate of the Petitioner has been annexed
herewith and has been marked as Annexure P1. (Page No.
to ).
2. That Respondent No 1 is Union of India, Respondent No 2
is National Medical Commission regulates medical
education in India, Respondent No 3 is Medical counseling
Committee responsible and entrusted to conduct
counseling for medical admission, and Respondent No 4 is
the medical college where the petitioner obtained
admission.
3. That relief being sought from Respondent No 2 and 3.
4. That the Petitioner was allotted seat in the Respondent No
4. True Copy of the allotment letter has been annexed
herewith and has been marked as Annexure P2. (Page No
to ).
5. That as soon the Petitioner joined the Respondent No 4 on
dated 17.10.2023 and resided in Puducherry till
11.11.2023. It is pertinent to mention herein that the
Petitioner has realized her sensitivity toward the
atmospheric conditions of the coastal area and has
encountered with complications like nausea, vomiting,
loose motion, mouth ulcers, continuous low blood pressure
and dizziness throughout the day and during the entire
short period of the stay at the Puducherry. True Copy of
the medical record of the Petitioner has been annexed
herewith and has been marked as Annexure P 3 (Page No
to ).
6. That the Respondent No 3 issued a notification for special
stray round vacancy scheduled to be open for registration
and choice locking from dated 17.11.2023 to 22.11.2023.
A true copy of the aforesaid notification has been annexed
herewith and has been marked as Annexure P4 (Page No
to ).
7. That the Petitioner approached to Respondent No 3 with
her aforesaid situations of realities and practicalities and
requested to permit the Petitioner to participate the special
stray round vacancy at All India Level which has been
scheduled from 17.11.2023 to 22.11.2023 in order to get
seat in some other college in non-coastal area and to seek
migration through the directions of Respondent No 2.
8. It is pertinent to mention herein that the technical
impediment the Petitioner had encountered that the
Petitioner being enrolled with the Respondent No 4 cannot
eligible to attend the special stray round vacancy
counseling and as soon the Petitioner will resign from the
 Respondent No 4 the Petitioner would get debarred to
participate in the any further round of counselling for
forthcoming one year. It is pertinent to mention herein that
the only ray of hope left in front of the Petitioner is to seek
directions from this Hon’ble Court in order to save herself
from the huge irreparable academic loss. The set rules and
regulations laid by Respondent No 2 in an expressed
manner permits the migration of medical students from
one college to another college subject to availability of
seats.
9. That it is pertinent to mention herein that the natural
biological conditions of the Petitioner in terms of
sensitivity toward coastal area is severe in nature and may
be life threatening as a silent killer if the Petitioner would
get exposed to such climatic conditions for the longish
duration for the purpose to obtain masters degree and if the
Petitioner withdraw back from pursuing master degree
then a huge irreparable academic loss will be sustained by
the Petitioner.
10.That the denial to consider and to measure adequate steps
by the Respondent No 2 and 3 would tantamount to
violation of fundamental rights of the meritorious
Petitioner.
11.That this Hon’ble Court a territorial Jurisdiction to
entertain this Petition.
12.That the Petitioners have filed no other Petition in this
subject matter in any other Court of Law.
13.That no caveat has been on record in the subject matter of
the Petition by the Respondent No 1, 2, 3 and 4.
 14.That the Petitioners seek leave to add and amend the facts
and grounds at any such later stages of hearings by the
permission of this Hon’ble Court.
15.That the Petitioners have a prima facie merit to succeed.
GROUNDS
The Petitioners seeks the appropriate relief/s on the grounds as
herein below;
a. Because the biological condition of the Petitioner in
terms of sensitivity toward climatic conditions of the
coastal areas is a natural, and had even not revealed
to the Petitioner prior to stay of the Petitioner at
Puducherry, hence, denial to consider the case of the
Petitioner by the Respondent No 2 and 3 would
tantamount to the violation of the fundamental rights
of the Petitioner.
b. Because the sensitivity reflected by the Petitioner
toward climatic conditions of the coastal area may
be construed as a silent killer if the Petitioner for a
longish period reside at Puducherry for the
pursuance of her master degree.
c. Because the regulations set by Respondent No 4 in
an expressed manner suggests that it is permissible
for any medical students to get migrated to another
college in between the Course program, inter alia, o
health ground subject to availability of seats.
d. Because there are still various seats lying vacant all
over India.
e. Because the Petitioner seek leave to add and amend
the grounds at any such later stages of hearings by
the permission of this Hon’ble Court.
 f. Because the Petitioners has a prima facie merit to
succeed.
PRAYER
It is, therefore, most respectfully prayed in the interest of
substantial Justice to be pleased to;
i. Issue a writ of nature of mandamus to the
Respondent 3 to permit the petitioner above named
to register for special stray round vacancy for NEET
PG 2023 and to keep open for counseling the seat
allotted to the Petitioner in the Respondent No 4
University
ii. Pass a direction to Respondent No 3 to pass a
direction to Respondent No 4 to return back all the
documents of the Petitioner.
iii. Pass a direction to the Respondent No 2 to consider
the case of the Petitioner for the migration.
iv. Pass any such further order/s as this Hon’ble Court
may deem fit and proper in the interest of substantial
Justice.

PETITIONERS
THROUGH COUNSEL

AJITABHA PANDEY & D.K CHAUBEY

ADVOCATES
352/C-1B MUNIRKA
NEW DELHI-110067
9354793708
PLACE: NEW DELHI
DATED: 20.11.2023