PRASENJIT KARMAKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) In this appeal preferred under Clause 10 of the Letters Patent defensibility of the order dated 3 -12 -2002 passed by the learned Single Judge in W.P.No.4239/2002 has been called in question.

(2.) The facts that are essential to be adumbrated for the disposal of this appeal are that the appellant (hereinafter referred to as 'the petitioner'), a young man in his late teens prosecuted his studies upto Xth class in Delhi Public School, Vindhya Nagar, District Sidhi. He passed Xth class examination in the year 1999 and thereafter took admission in the Delhi Public School Risali Sector, Bhilai in the academic session 1999 -2000. He appeared in the Senior School Certificate Examination, 2001 conducted by the Central Board of Secondary Education and passed the same by getting high percentage of marks. It is not disputed that at the time of admission in Senior School Certificate Examination, Bhilai was situated in the State of Madhya Pradesh. During the academic session 2000 -2001 the State of Madhya Pradesh was re -organized by virtue of the State Reorganization Act, 2000 and the State of Chhattisgarh was carved out of the existing State with effect from 1 -11 -2000. As a result of such re -organization Bhilai, which was situated in the Revenue district of Durg, became a part of the new State of Chhattisgarh. The petitioner appeared in the Pre Engineering Test conducted by the Professional Examination Board, M.P. as he was desirous of seeking admission in a Regional Engineering College wherein certain seats are reserved for the State of Madhya Pradesh. The result of examination was declared in the month of June 2002. The petitioner secured 735.68 marks out of total 900 marks and was placed at serial no. 387 in the All India merit list. As the petitioner was in the merit list, he was called for the counselling for admission to Regional Engineering College by the Director of Technical Education. The counselling was held at Jabalpur on 23 -7 -2002. As he was found fit, he was allotted a seat in the Regional Engineering College, Rourkela against the quota reserved for the candidates belonging to the State of Madhya Pradesh. Thereafter, he was directed to approach the Counselling Cell of Rajeev Gandhi Prodyogik Vishwa Vidyalaya situated in the premises of M.A.C.T. (now renamed as MANIT) on 30th July 2002 for obtaining the necessary clearance certificate.

(3.) The respondents in oppugnation contended before the learned Single Judge that the petitioner had not fulfilled the conditions mentioned in Schedule -1 and, therefore, he was not entitled for admission against the quota of State of Madhya Pradesh candidates meant for Regional Engineering Colleges situated outside the State of Madhya Pradesh. A stance was taken that no discrimination is meted out to the petitioner as the policy decision of the State only takes care of State Government employees and officers belonging to the IAS cadre allocated to the State of Madhya Pradesh, as they constitute a different class.