ISHA MAKKER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Sandeep Dixit, learned counsel for the petitioner as well as Mr. Sanjay Bhasin, learned counsel for the respondents and perused the record.

(2.) THE petitioner has applied for and appeared in the C.P.M.T. Examination 2013, she was declared successful and got a State Rank of 1063. The petitioner appeared in the first counseling which commenced on 18th July 2013. During the course of first counseling she produced the entire original documents which was verified by the Counseling Board. She again appeared in the second counseling on 23rd September 2013 and according to him original documents were checked and verified by the Counseling Board, but she was being offered a seat in a private Medical College, she exercised the option 'not opted'. Thereafter third counseling took place on 30.09.2013, she again got registered and deposited the Registration Fee. According to her she was highest in rank in the third counseling, but no allotment of Medical College was made in her favour, whereas opposite parties No. 4 and 5 who secured the rank below to the petitioner got allotted the seats of MBBS at G.S.V.M. Medical College. Thus she complaints the violation of Clause 71 of Brochure which specifically provides that in all the courses the College would be allotted only on the merit. Therefore, she has instituted the instant writ petition for issuing a writ of mandamus commanding the opposite parties to allot the seat of MBBS Course in G.S.V.M. Medical College, Kanpur in 2013.

(3.) IN reply Mr. Sanjay Bhasin, learned counsel for the opposite party No.2 submits that since she could not produce her original documents, mark sheets and certificates, Domicile Certificate etc. therefore Counseling Board did not allot her any seat. This has been recorded in the minutes of the counseling. He further submitted that information brochure published in the CPMT entrance examination, 2013 clearly mentioned and informed to all participants that all candidates are to bring their original certificates at the time of counseling. This information was also given to the candidates through website. More so in the time table of counseling it was specifically mentioned that allotment of seats in third counseling was to be made only on production of original documents by the candidates and in case of non production of documents the application will be cancelled.