HARISH K Vs. CONSORTIUM OF MEDICAL

JUDGEMENT

(1.) The petitioner is a Graduate of Dental Science and he had appeared for the written examination conducted by COMED-K PGET 2013(Dental) in order to pursue M.D.S., course. He had scored 1825th rank. The first round of counseling was held on 29th May, 2013 on which date he went to centre and produced all his documents and thereafter when he went to the place where seats are to be selected to his utter dismay his name was not found even though he was entitled for a seat under minority and linguistic religious (Tulu quota). He was not allowed to select the seat under minority quota or General merit. Immediately he gave a representation seeking permission to allot the seat. Contending that his request has not been considered the present Petition is filed to issue a writ of mandamus directing the respondent to consider his representation dated 30th May, 2013 and to register his name and allot a seat for M.D.S under Tulu quota on merits and in accordance with law. The learned counsel for the respondent submits that as per the Rules of allotment of seats it was made known to all the candidates by issuing a Notification on May, 20th 2013 and revised Notification dated 24th May, 2013 as to how the seats are to be selected by successful candidates. According to him in the Centre the candidates will be called sessions wise and then the documents will be checked at the Centre and thereafter verification of documents would be made by the official which includes Biometric and online photo capture. After completion of the above said three process the candidate is required to register his name at the Centre. Immediately thereafter he would be sent for photo verification, signature verification and his original photo I.D. will also be checked. After completion of all the 3 formalities after registration the candidate will be sent for seat selection and thereafter the seat allocation will be made. When once a seat allocation is made the demand draft to be deposited in the Bank if counter subsequently received and if received and allotment letter would be issued.

(2.) He further submits that the petitioner having produced the documents did not register his name in the place where candidates registration has to be made compulsory and he did not go for photo verification, signature verification and to take his original photo Identity Card to the officials. Bypassing this he went for selection process, in the circumstances the petitioner's name does not find place in the selection process because he had failed to register his name and subjected himself for the aforesaid verification. He further submits that these things will be done on computer and the said process will not be done manually. On account of the petitioner's faulty he cannot give a representation to the respondent requesting him to permit him to select the seat either under minority quota or under any other quota as the first round of is already over.

(3.) He further submits that even though the petitioner has not registered his name as a candidate in the first round of counselling he is free to appear for the second round which is scheduled to be held on 19th July, 2013 and he submits that if any seats are available either under Tulu quota or under General Merit category based on the inter-se merit of the petitioner he would be permitted to select the seat subject to availability. In the circumstances he requests the Court to dismiss the Petition.