ANSHU DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ appeal has been preferred by the appellant under Section 2 (i) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal)Adhiniyam, 2005 against the order dated 11 -7-2006 passed by the learned Single judge in Writ Petition No. 3243/05, whereby the claim of the appellant for grant of admission in D. G. O. Course on a vacant seat of 2005 Batch in G. R. Medical college, Gwalior has been rejected holding that no candidate less meritorious than the appellant in the unreserved category (general category) has been granted admission. It has been further held that once the session has commenced after admission in the academic session 2005-2006 in the light of law laid down by the Apex Court it is not proper to issue any direction for granting admission to the appellant.

(2.) BRIEF facts of the case are that the appellant had passed M. B. B. S. Examination in the year March, 2004, thereafter she completed 12 months compulsory rotatory internship from G. R. Medical College, Gwalior in the month of May, 2005 and is a registered practitioner. She had appeared in the Pre p. G. Examination, 2005 conducted by the M. P. Professional Examination board. She was a candidate belonging to unreserved category (general category)and her result was declared and she had received 101. 51 marks out of total 200 in unreserved category and she was kept in Serial No. 928 in the waiting list of unreserved category candidates. In the first counselling which was held in May, 2005 candidates in the unreserved category up to waiting list 269 had participated. Since the appellant name appeared at S. No. 928 and therefore, she was not permitted to participate in the first counselling. Thereafter vide notification dated 22-5-2005 respondent No. 2 again took steps for filling up the seats in the unreserved category vacant and available after surrender from all other category candidates. This counselling was notified and was to be held as per the provisions of Clauses 10 and 11 of the Madhya Pradesh Medical and dental Post Graduation Entrance Examination Rules, 2005. The candidates of general category in merit waiting list from 270 to 500 were called for counselling on 28-2-2005. But, the State Government cancelled the counselling on 28-5-2005 and it was decided to hold the same on 30-5-2005 and 31-5-2005 permitting each and every candidate even those who had appeared in the earlier counselling and had been allotted their respective seats. The appellant challenged the said notification, Annexure P-3 and filed a writ petition on 16-8-2005 and prayed for the following relief:-

(3.) SOME of the seats which were reserved for general category were converted to the reserved category and they were allotted to the candidates of reserve category. Therefore, on 24-8-2005 when the writ petition was listed for admission, the learned Single Judge directed the respondent No. 2 to indicate the name of the candidates who have been allotted the seats after conversion from general category to reserved category and appellant was also directed to implead the said candidate as party after the names and particulars are disclosed by the respondents. It is also made clear that the petition shall be heard only after such of the candidates are impleaded in the writ petition. On 27-9-2005 an application for impleading the respondent Nos. 4 to 7 was filed on which notices were issued by this Court. Thereafter case was listed number of times for filing return on behalf of the State Government. But return was filed only on 10th april, 2006.