SHINU SALUJA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner being aspirant for prosecuting medical education appeared in entrance examination called Dental and Medical Admission Test (for short 'D-MAT') conducted for the year 2006-07. The examination was conducted on 13.8.2006 and results were declared on 18.9.2006. The petitioner was placed at Sr.No.874 in the merit list. She was called for counselling on 26.9.2006 and she was asked to take admission in the Arbindo Institute of Medical Sciences, Indore, the respondent No.3 herein. As pleaded, she was not interested in pursuing the Dental course she opted for M.B.B.S. course and submitted an application to that effect on 26.9.2006.

(2.) It is averred that 15% seats were not filled up even after counselling was over on 26.9.2006 and, therefore, the petitioner was entitled to be allotted a seat in M.B.B.S. Course. As setforth, she appeared in the counselling again on 27.9.2006 for a vacant seat for M.B.B.S. Course and enquired regarding submitting a fresh application as published in the newspaper. She was informed by the authorities that there was no need and she could be allotted a seat for M.B.B.S. Course in case she was willing to make payment for the said seat. The petitioner was confident that she had a good ranking and she could be allotted the medical seat. The respondent No.3 discouraged the petitioner stating that she could only be allotted a seat in the Dental discipline. Subsequently, she came to know that though she had secured more marks than other candidates, they had been given admission and she has been denied the benefit of admission. Because of the aforesaid situation and other irregularities and the conduct expressed by the authorities of the respondent No.3 she submitted a complaint to the Chairman of the Monitoring Committee which is looking and monitoring the affairs of D-MAT examination. The said complaint has been brought on record as Annexure-P-3. While the complaint was pending to be looked into by the concerned Committee the petitioner filed W.P.No.3186/2007. This Court by order dated 12.3.2007 directed the Committee to pass a order disposing of the petitioner's complaint. Thereafter, the Committee directed the petitioner to appear before it on 23.2.2007 and rejected the complaint by order dated 05.4.2007 as per Annexure-P-7.

(3.) It is asserted that though the petitioner was placed at Sr.No.874 in the merit list, she was not given admission in the M.B.B.S. Course but the persons who were placed below him were given admission. It is further urged that one Ms.Ankita Singh has been allotted the seat which should have been allotted in favour of the petitioner. On this foundation the petitioner has prayed for issue of mandamus to the respondents to allot a seat in M.B.B.S. Course in the College of the respondent No.3 and to pursue her study in the said discipline.