RAHUL PATEL Vs. STATE OF M P

JUDGEMENT

(1.) THE facts lies in narrow compass. It is not in dispute that petitioner appeared in Pre-Medical Test Examination 2007. He was placed in the waiting list of general candidates at Sr. No. 144 and in the waiting list of OBC category at Sr. No. 45. It is also not in dispute that petitioner belongs to OBC category. In the First round of counselling which was held a seat in MBBS course could hot be offered to him, considering his standing in the general as well as obc category. He was offered a seat in the capacity of general category candidate in BDS course during first counselling which he opted. It is also not in dispute that petitioner submitted an option as per rule 9. 9 to switch over to MBBS course in case seat remains vacant. It is also not in dispute that petitioner was called for counselling held for MBBS course of OBC category candidate but participation in counselling was declined by the committee on the ground that in the first counselling he had opted the seat of general category of BDS course, thus his case could be considered only against the seat of MBBS course of unreserved (general) category candidates. Consideration as against OBC category seat was declined as per order (R-l) filed with the return bythestateofm. P. Consequently, petitioner has come up in the writ petition.

(2.) PETITIONER has submitted that by-virtue of Rule 9. 9, 9. 9 (a) and 9. 14 of the Rules (P-6)called Madhya Pradesh Medical and Dental Undergraduate Entrance Examination rules, 2007 hereinafter to be referred to as the rules of 2007. Petitioner should have been given chance to stake his claim as against seat of MBBS course reserved for obc category as per his merit in the OBC category candidates, thus meritorious candidates of OBC reserved category has been deprived of the seat and incumbents of OBC category having lesser merit have been given admissions in the MBBS course as against the seat of OBC category. Petitioner has further submitted that name of the petitioner in the waiting list of OBC category was at serial number 45 whereas admission has been given of OBC category candidate in the MBBS course out of the waiting list from serial number 46 to 5 3. Names of 2 of the candidates namely Ms. M. Sahu at Sr. No. 47 and A. Singh at Sr. No. 49 have also been mentioned.

(3.) STAND of respondents No. 1 and 2 in their return is that considering rule 9. 9, 9. 9 (a) and rule"9. 14 of the rules 2007, it was open to the petitioner to avail option only once in unreserved category which he had exercised, thus he could not have given chance as OBC category candidate in the counselling held on 26. 8. 2007. Action is in accordance with the rules. Petitioner could have exercised the option for MBBS course in unreserved category not as against the seat of reserved obc category.