NISHANT PODDAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ application challenges the intimation under Annexure-3 cancelling the call letter for counselling to take admission into the Post Graduate Course in medical colleges of the State.

(2.) The case of the petitioner is that the prospectus for selection of candidates for Post Graduate Course in Government medical colleges of Orissa along with application forms were published and made available for sale with effect from 3-8-1998. The petitioner purchased the form and submitted the same whereafter an admit card was issued to him with Roll No. 3466. The petitioner appeared in the examination held on 29-8-1999 and on 9-10-1999 the results were declared and the petitioner was placed at Sl. No. 37 in the merit list. Vide letter dated 11-10-1999 the petitioner was directed to appear personally for counselling which is the subject matter of Annexure-2. Though the counselling was scheduled to be held on 27-10-1999 and 28-10-1999, the petitioner received a letter dated 14-10-1999 cancelling the call letter under Annexure-2.

(3.) Shri R.K. Rath, learned counsel appearing for the petitioner, submits that Clause 2 of the prospectus stipulates that the candidates are required to fulfil the eligibility requiraments by 31st March, 1999 for the asssion of 2000. He further submits that the eligibility criteria as enumerated in the prospectus, i.e. from clauses 6.1 to 6.8 are fulfilled by the petitioner, and that under Clause 6.8 candidates who are undergoing M.D. / M.S. Course in a particular subject in any of the medical institutions of Orissa shall not be eligible to apply for M.D. / M.S. Course in the subsequent years. According to him, the call letter has been cancelled taking recourse to this clause, although the same does not apply to the petitioner. He further submits that this eligibility criterion as enumerated under Clause 6.8 has to be read with reference to Clause 2 as stated earlier and if it is so done, the petitioner was not undergoing M.D. or M.S. Course in any of the medical institutions of Orissa on the material date, i.e. 31st March, 1999 and accordingly he was eligible to apply. It is further submitted that clause 6.8 debars a candidate undergoing M.D./M.S. Course to apply for admission in subsequent years, but in the present case the petitioner was not undergoing M.D. or M.S. Course on 31st March, 1999 and moreover he had applied for the disputed Post Graduate Course in the same year in which he applied for All India P.G. Entrance Examination, 1999.