RATNANJALI MISHRA Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) THE petitioner is an applicant for admission to M.B.B.S. course in the Uttaranchal Forest Hospital Trust Medi­cal College, Haldwani. Out of the 100 seats, 50 seats are to be filled up with candidates from the State of Uttaranchal on the basis of the Uttaranchal Pre-Medical Test. The re­maining 50 seats are to be filled up with candidates from the CBSE - All India PMT-2005, NRI/Foreign seats quota. All the 50 seats to be filled up with the candidates from the State of Uttaranchal were filled up before 30-08-2005. The First Counselling for the remaining 50 seats was held on 27/28-8-2005. On the basis of the counselling held on 27-8-2005 only seven candi­dates could be admitted. For filling up the remaining 43 seats, an advertise­ment was given in the News-papers on 24-08-2005 inviting applications from the candidates who have qualified in UPMT-2005, CBSE-AIMT-2005, Other State Government PMT or CPMT-2005. Since the petitioner had qualified in the Uttar Pradesh Combined Pre-Medical Test-2005 and had obtained 71% marks she submitted her applica­tion in response to the advertisement dated 24-08-2005. The Counselling for the above mentioned 43 seats was scheduled to be held on 13-09-2005. However, on 09-09-2005 it was an­nounced by the second respondent that in view of an Order No. 2684/X-l-2005-8 (9) 2004 dated 08-09-2005 of the Government of Uttaranchal, the admission process for the vacant seats was stayed till further orders and ac­cordingly the Counselling scheduled to be held on 13-09-2005 stood can­celled. Though the petitioner waited for the next date of Counselling, she did not receive any further communication. On 01-10-2005, the second respondent informed the candidates through its website that admission to the 43 vacant seats against the advertisement dated 24-08-2005 was cancelled and that the application fees submitted by the appli­cants would be refunded by way of A/ c Payee Demand Draft.

(2.) AGGRIEVED by the cancellation of the admission process in respect of the remaining 43 seats, the petitioner has filed this writ petition praying for quashing the second respondent's or­der dated 01-10-2005 and for a direc­tion to the second respondent to admit the petitioner in the MBBS course 2005-2006 in the Uttaranchal Forest Hospital Trust Medical College, Haldwani.

(3.) WE have heard Mr. L.P. Naithani, Senior Advocate, appearing for the petitioner, Mr. K.P. Upadhyaya, learned Counsel for Respondent no. 1, Mr. R. Dobhal, learned counsel for Re­spondent no. 2 and Mrs. Anjali Bhargav, learned counsel for Respond­ents 3 and 4.