DOLLY CHHANDA Vs. CHAIRMAN JEE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred against the judgment and order dated 31-10-2003 of High Court of Orissa by which the writ petition filed by the appellant for issuing a direction to the respondents to admit her in MBBS course was summarily dismissed.

(3.) The appellant passed 10+2 (Science) Examination conducted by the Council of Higher Secondary Education, Orissa, in First Class. As she was desirous of joining a medical course, she appeared in the Joint Entrance Examination, 2003 (for short JEE-2003) under the reserved MI category being daughter of an ex-serviceman NK Manoranjan Chhanda who was discharged from armed forces on the ground of permanent disability. Under Clause 2.1.4 of Information Brochure of JEE-2003 certain percentage of seats are reserved for children/widows of personnel of armed/paramilitary forces of Orissa, killed/disabled in action during war or peace time operation. Her rank in the JEE-2003 in the reserved MI category in the medical stream was 20 and accordingly she was called for counselling for admission to a medical college on 7-7-2003. During the course of scrutiny of papers it was revealed that in the certificate dated 29-6-2003 given to her father by the Zilla Sainik Board in Column No.3 which pertained to "Disabled/killed in war/hostilities" the words "not eligible" were written. Since the aforesaid certificate did not satisfy the requirement of the reserved MI category, her candidature was rejected. The candidates who had secured ranks at 24 and 26 in the aforesaid category were given admission. She produced the disability certificate which was issued to her father by the army authorities, but in view of requirement of Clause 2.1.4 of the Information Brochure the same was not accepted. The appellants father then requested the Zilla Sainik Board, Sambalpur to rectify the mistake, which issued a fresh certificate on 16-7-2003 which mentioned "Permanently Disabled" in Column No.3. The appellant then again approached respondent No.1 with the aforesaid correct certificate, but no action was taken. On coming to know that another round of counselling had been fixed for 29-10-2003 on account of increase in seat, the appellant went to the concerned centre and requested for being given admission on the basis of the fresh certificate issued by the Zilla Sainik Board, which certified that her father had been discharged from armed forces on the ground of permanent disability. The candidates who had secured rank from 27 to 30 in the MI category were called for counselling, but the appellants candidature was not considered. The case of the appellant thus is that it was the Zilla Sainik Board which had committed the mistake in not issuing a correct certificate and the said mistake having been was rectified in the second certificate issued on 16-7-2003, she was entitled for admission in a medical college as candidates securing lower ranks had already been admitted.