AMAN KHANUJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner appeared in Pre Medical Test (PMT 2007) and secured 185. 17 marks out of 200. He appeared in All India Pre Medical Entrance examination, 2007 and was placed at Sr. No. 674 in the All India Quota in the general category. He attended the counselling of All India PMT at New Delhi on 19-6-2007 and was allotted a seat at Udaipur in a Govt. Medical College, namely, RNT Medical College, Udaipur with a direction to join the College on or before 20th June, 2007 with a further stipulation to submit all the original mark-sheets and papers along with the fees latest by 2-7-2007. As set forth, the petitioner proceeded to Udaipur and submitted his original documents along with the mark-sheets in original in the office of the Principal, RNT college. An acknowledgment was issued by the Competent Authority of the said medical College to the petitioner.

(2.) IT is averred in the petition that RNT College, Udaipur took an undertaking from the petitioner in which it had been mentioned that on being re-allocated a course or college, he would immediately vacate the seat allotted to him. The petitioner was issued a certificate to the effect that all the original documents deposited with the College would be returned if he would seek admission in the MGM Medical College at Indore as both the Colleges are Govt. Medical Colleges. The said Certificate dated 2-7-2007 has been brought on record as Annexure P-2. The petitioner was also issued attested copies of the original documents. It is further averred that the petitioner was called for counselling on 19-7-2007 at Bhopal for counselling of M. P. PMT General category candidate in which he submitted copies of the documents as well as the certificate issued by RNT Medical College, Udaipur. All the documents were duly attested by the Notary and hence, he was found eligible for getting a seat allotted. Thereafter, on 15-7-2007, he was allotted a seat in MGM Medical college, Indore. The counselling committee on scrutiny of the attested copies of the documents had allotted a seat in MGM Medical College, Indore. He was directed to join MGM Medical College by 29-7-2007. He reached the College and completed all the formalities by 20th July, 2007. At that juncture, the petitioner was required to appear in the second counselling and join the college after attending the counselling at New Delhi. He attended the second counselling of All India PMT, i. e. , CPMT, 2007 and since he was allotted a college at Pune which is a Govt. Medical College, he left the seat at Udaipur medical College and received the allotment letter for Pune Medical College. After leaving the seat of Udaipur Medical College on 28-7-2007, the petitioner was having the allotment of a seat in Pune Medical College with him. As 29th july, 2007 was a Sunday, he could not get the original documents submitted at udaipur Medical College, though he was required to submit the same to MGM medical College, Indore to get the seat. On 29-7-2007, he was orally informed by the College that on completion of all the formalities he will be allotted a seat on 30-7-2007. Thereafter, he was told that he would be required to get all the documents scrutinized by the Committee and if the minimum of five Committee members approve/recommend for depositing the fee and admission, he would be granted admission in MGM Medical College. Indore. The petitioner appeared before the Committee along with the attested documents. The committee and its members found the document to be absolutely in order and accordingly issued a letter that he was eligible for admission in MGM Medical college, Indore. The MGM Medical College informed the petitioner to immediately make a demand draft and deposit the same with them. The petitioner made a demand draft for a sum of Rs. 39,850/- dated 30-7-2007 in favour of the Dean and requested him to grant him admission. But, to his utter surprise he was informed that he could not be extended the benefit of admission in MGM College, Indore because he had not submitted the original documents as per rules.

(3.) AS pleaded, the petitioner informed the Dean that all the original documents were with Udaipur Medical College and hence, he was not in a position to deposit the original documents and he be granted admission as he had filed attested copies of the documents.