ABRAHAM ROY Vs. PHILIP ALIAS PAPPACHAN

JUDGEMENT

(1.) The complaint of the petitioner is that overlooking his merit and entitlement to be admitted for MBBS course in the community quota, the 3rd respondent College has granted admission to the 4th respondent, a less meritorious candidate.

(2.) The facts of this case are that the petitioner appeared for the common entrance admission test conducted by the 2nd respondent for and on behalf of the Consortium, which includes the 3rd respondent. In the merit list that was published, the petitioner obtained rank No. 736. Being a candidate professing faith in Roman Catholic Church, he also claims that he is eligible for admission in the community quota as well.

(3.) Petitioner submits that on the mid night of 26/9/07, he found in the internet, Ext.P4 notification, that there were two more vacancies in the community quota seats at the 3rd respondent college and the said notification required the candidates below the rank of 728 to report to the Principal on 27/9/07. Since the notification was misleading in as much as it directed candidates below the rank of 728, petitioner made enquiries, when he was told that the notification was not meant for those having rank upto 728. He submits that his mother personally went to the college on 27/9/07 when she was informed that the notification was intended only for candidates having rank till 728. It is also stated that his father contacted the Principal of the 3rd respondent College on 28/9/07, when he was informed that if there was any vacancy available, that will be intimated to the candidate.