SUNIL HARIOUDH Vs. STALE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a Writ Appeal against the order dated 10-7-2006 passed by the learned Single Judge in Writ Petition No. 3860/2006.

(2.) THE facts briefly are that the appellant is a member of the scheduled Caste Community. He appeared in the Pre-Medical Examination, 2004 conducted for selection of candidates for admission to MBBS/bds Courses in different Colleges in the State of Madhya Pradesh and he was placed in waiting list of candidates for seats reserved for Scheduled Caste candidates. He was called in the first and second counselling, but he was not given any offer of a seat in the MBBS Course and he opted for waiting as per the provisions of the Pre-Medical Test Rules, 2004. Thereafter, he was called for third counselling by a paper publication in 'dainik Swadesh' and his position amongst the waiting list candidates from the Scheduled Caste Category in the third counselling was at serial No. 1. But when he went for the third counselling on 24-9-2004, he was informed that one seat which was earlier reserved as per paper publication for scheduled Caste candidates in MGMMC Medical College, Indore, has now been converted and reserved for a physically handicapped Scheduled Caste candidate.

(3.) AGGRIEVED, the appellant filed Writ Petition No. 3860/2004 before this Court and on 5-10-2004, a learned Single Judge was pleased to issue notices in the said Writ Petition to the respondents. Pending disposal of the writ petition, the appellant took admission in BDS Course at Indore under protest. But, when the W. P. No. 3860/2004 was taken up for hearing on 10-7-2006, the learned Single Judge took a view that it was not a case where the appellant has been illegally deprived of admission as against the seat of Scheduled Caste candidate because the appellant was given liberty in the first and the second counselling where he did not opt for the seat and before the third counselling was held, an order was passed under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short 'the Act, 1995') reserving the MBBS seat which was earlier reserved for Scheduled Caste candidate for a disabled candidate. With the aforesaid reasons, the learned Single Judge dismissed Writ Petition No. 3860/2004 by the impugned order dated 10-7-2006.