PRIYANKA DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner completed her high school in the year 2009 and intermediate in 2011 in Ist division. The petitioner was interested in pursuing a course in MBBS and, accordingly, applied for admission in CPMT-2014 and AIPMT-2014. She appeared in the entrance examination and was successful. The results were declared on 29th July, 2014 in which the petitioner obtained 150 marks out of 200 marks having a rank of 482 in the State of Uttar Pradesh.

(2.) The State Government issued directions to King George Medical College (hereinafter referred to as KGMC) to conduct the CPMT examination of 2014 in the State of Uttar Pradesh. In this regard, guidelines dated 17th April, 2014 was issued, which was modified by another guideline dated 24th June, 2014. Based on the said directions, the first counselling was held between 2nd August, 2014 to 7th August, 2014. The second counselling from 12th August, 2014 to 14th August, 2014 and the third counselling from 8th September, 2014 to 11th September, 2014. It has come on record that the mop up round was held on 30th September, 2014. The petitioner appeared in the first counselling. 150 seats of KGMC was offered to the candidates who appeared in the first counselling. The petitioner's first preference for admission to her preferred course and college was MBBS in KGMC. She could not get any seat in KGMC out of 150 seats offered but was given a seat in BRD Medical College, Gorakhpur, which she accepted. The petitioner contends that she also participated in second and third counselling but could not get her choice of college. According to the petitioner, 65 seats of KGMC was not offered to the petitioner in the first, second and third counselling, as a result of which she was deprived for admission in the prestigious institution of KGMC and if offered she would have been selected, on the basis of merit according to her rank in the entrance examination. The petitioner further contended that wrong horizontal reservation policy was adopted by the authority, as a result, the petitioner being a girl candidate though selected on merit should have been given a seat in the appropriate category vertically but was given a seat reserved for girl candidates horizontally. According to the petitioner, the seats reserved for girl candidates horizontally was offered first and thereafter, seats were filled up vertically in accordance with the Government Order dated 4th January, 2003. The petitioner, being aggrieved by the wrong procedure being adopted for reservation, filed Writ Petition No.50580 of 2014 praying for the following reliefs:-

(3.) The aforesaid writ petition was entertained and the State was directed to file a counter affidavit indicating the manner in which the horizontal reservation of 20% for women was applied for admission to the medical course in the CPMT examination of 2014.