ALAWA NEELMANI Vs. STATE OF M P

JUDGEMENT

(1.) SHORT facts leading to the petition are that the petitioner belongs to scheduled Tribe. She passed M. B. B. S. Examination in April, 2004. After completion of internship and house job, she further appeared in the Pre. P. G. Examination in April, 2006 wherein she declared successful. She thus, became eligible for admission to post graduate course through counselling. A notice for counselling was published in a Daily Newspaper Dainik Bhaskar as contained in annexure P-2. According to it, the counselling was to be held from 14th of May to 19th of May, 2006. Counselling for In-service and S. T. Category was to be held on 14th and 15th of May, 2006.

(2.) THE merit list of the candidates as contained in Annexure P-3 of the s. T. category was affixed on the notice board wherein the name of respondent no. 4 appeared at serial No. 2 whereas the name of the petitioner appeared at serial No. 18. The respondent No. 4 being at serial No. 2 in the list was allotted the seat of M. S. Gynic whereas the petitioner was allotted Diploma in gynaecology and Obstetrics.

(3.) ALLOTMENT of P. G. Seat to respondent No. 4 in S. T. category is challenged in the present writ petition on the ground that she does not belong to scheduled Tribe and is not entitled to the P. G. seat of M. S. Gynaecology and obstetrics. It has been contended that other candidates of the merit list securing position at serial Nos. 3 to 17 got the seats of their choice and no one is superior to claim the S. T. seat of M. S. Gynaecology and Obstetrics in preference to the petitioner. Thus, the petitioner being entitle to the said seat has prayed for quashment of allotment of the subject seat to the petitioner and has further prayed for its allotment to her.