RITWIK Vs. STATE OF WEST BENGAL & ORS.

JUDGEMENT

(1.) This writ petition has been listed under heading 'To Be Mentioned' pursuant to direction made in order dated 9th October, 2018. Parties have been heard. Mr. Sanyal, learned advocate appears on behalf of petitioner and on earlier occasion had submitted, his client wants admission to respondent college for pursuing MBBS degree course. On cut off date mop up counselling, his client though was told he would be allowed to pay admission fee and furnish security but had sought one day's time to secure, by bank guarantee, entire course fees. This, the college did not allow and he did not get admission. His client immediately made representation on 31st August, 2018, being cut off date, as well as thereafter on 13th September, 2018. His client wants admission against management quota seats going vacant for current academic year.

(2.) Mr. Ray, learned advocate appears on behalf of the college and, also on earlier occasion, had submitted, bond amount is Rs. 50,72,000/- against management quota seats, to be secured by bank guarantee. As on cut off date his client could not allot a seat to any candidate who did not secure this amount. Such allotment would mean blocking a seat against a candidate on assurance of furnishing security and, thereafter, if security was not furnished, the seat would go vacant. This is why petitioner's request could not be kept. However, fact is that there are vacant seats in the college and, if directed, his client will accept admission fee and the security to give admission to petitioner. On query of Court regarding progress of course study he had required instructions. Today, he hands up undated letter written by his client to his instructing learned advocate, content of which is reproduced below:-

(3.) Mr. Bhattacharya, learned advocate appears on behalf of Medical Council of India and opposes. He begins with relying on my judgment dated 26th June, 2018 in WP 7040 (W) of 2018 [Dr. Paban Mandal v. The West Bengal University of Health Sciences and Ors.] . He relies on following extract from judgment:-