Rohit Rawat,a student,seeked admission in a Postgraduation Course in the Uttarakhand Ayurved University Harawala Dehradun, Uttarakhand. The admission seat seeked by him was under the category of Ward of Defence Personnel [DWP] was available in the concerned Ayurvedic College. Rohit had specifically filed the form stating that he is a Defence Personnel Ward and that he should be given a seat it as he falls under the reserved category.
In the present case,Rohit states that his candidature was not considered as a Defence Personnel Ward candidate and it was claimed by another candidate Miss Pooja Bhatt. since Pooja had not submitted any document of proof that she is a ward of Defence Personnel, she was not given admission in the first round of counselling. She even relinquished her claim under Defence Personnel Ward and subsequently in the second round of counselling, the seat was given to Neelam Rawat.
The Counsel of Rohit, Mr vinay Kumar submitted that Neelam Rawat was a resident of Rajasthan and had not applied forDefence Personnel l candidate and was still allowed to make changes in a form and appeared as a DPW candidate for the second round of counselling. According to Mr Vinay Kumar, it shouldn't have been allowed in the first place to make any correction in the orignal application form.
The High Court of Uttarakhand held that an interim order will be given when one seat of defence personnel what category will be vacant until the courts order.The Court also stated that,"Uttarakhand Ayurved University, Harrawala, Dehradun which is being represented before this Court by its counsel Sri N.S. Pundir has not filed the counter affidavit as yet, but he very fairly submits that in case the petitioner appears before the Uttarakhand Ayurved University, Harrawala, Dehradun, his case shall be considered in accordance with law as by an interim order of this Court, one seat is lying vacant in Rishikul Campus, Haridwar, for which the petitioner's claim can be considered.As an interim measure, it is directed that the Uttarakhand Ayurved University, Harrawala, Dehradun shall consider the claim of the petitioner in accordance with law and pass appropriate orders within a period of one week from today and apprise this Court within a week thereafter."