DR. ANISHA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The case of the petitioner in short is that in response to the advertisement inviting applications from the prospective candidates for admission to Post Graduate (Medical) course available in S.C.B. Medical College; Cuttack, V.S.S. Medical College, Burla and M.K.C.G. Medical College, Berhampur for the year 2010, the petitioner, who had already completed M.B.B.S. course, applied for a seat as a direct candidate under defence quota in the prescribed form depositing fee of Rs. 1000/- by way of Demand Draft in favour of the Convener, P.G. (Medical) Selection Committee. She appeared in the entrance examination on 24.1.2010 and was placed at Rank 4 under defence quota. Two seats - one in general medicine and the other one in biochemistry had been reserved under defence quota for direct candidates. In the 1st round of counselling held on 1.4.2010, Dr. Saroj Kumar Das, who was placed at Rank 1 under defence quota took admission in general medicine in V.S.S. Medical College, Burla and the petitioner took admission in bio-chemistry in S.C.B. Medical College, Cuttack as the second and third Rank holders did not turn up. In the same round of counselling, opp. party No. 7, a direct general candidate, was admitted to general surgery in S.C.B. Medical College, Cuttack. Second round of counselling was conducted on 29.6.2010. The petitioner and some other candidates including Dr. Saroj Kumar Das attended the said counselling. Dr. Soraj Kumar Das, surrendered his seat in general medicine and took admission radiotherapy meant for direct general candidates, in S.C.B. Medical College, Cuttack, as such, the seat in general medicine reserved under defence quota fell vacant. According to the petitioner, it should have been allotted to her since the candidates, who secured second and third Ran in defence quota under direct category did not turn up either in the first or second round of counselling, but the said seat was allotted to opp. party No. 7 a direct general candidate in V.S.S. Medical college, Burla in complete violation of the provision contained in the Prospectus for Selection of Candidates for Post Graduate Courses in the Government Medical Colleges of Orissa, 2010. The petitioner made a representation in writing to opp. party No. 1 under Annexure-6, but it did not cut ice. So, she has filed the present writ petition with prayer to quash the admission of opp. party No. 7 in general medicine in V.S.S. Medical College, Burla and to allot that seat in her favour.

(2.) In their joint counter, opp. parties 1 to 4 and 6 contended that only two seats - one in general medicine and the other in biochemistry, were available for candidates under defence quota in P.G. Medical course for the year 2010. Dr. Saroj Kumar Das, who was the first Rank holder was given admission in general medicine according to his choice. As the 2nd and 3rd Rank holders in the merit list of defence quota did not attend the first counselling, the petitioner, whose Rank was 4, was given admission in bio-chemistry in V.S.S. Medical College, Burla. On 29.6.2010 the 2nd round of counselling was held. The candidates, who attended the counselling, were directed to give their options and accordingly they were allotted with seats in different disciplines as per the merit list keeping in mind their respective choices. Dr. Saroj Kumar Das, who had taken admission in V.S.S. Medical College, Burla in general medicine had also attended the counselling and as his Rank was 73 in general merit list, he was allowed to take admission in radiotherapy as per his choice and the seat in general medicine of V.S.S. medical college, Burla, in which he had taken admission fell vacant. The said seat was filled up by opp. party No. 7, whose Rank in the general merit list was 77. The Rank of the petitioner in general merit list being 268, her case was not considered for that seat. It is the further case of the answering opp. parties that the last date for taking admission to P.G. course having been over long since, there cannot be any admission to any seat/subject in P.G. Course. Accordingly, they prayed to dismiss the writ petition.

(3.) Opp. party No. 7 in his counter contended that as per the Guidelines of the Medical Council of India, the seat, which was surrendered by Dr. Saroj Kumar Das, could not be kept reserved under defence quota. According to him, he was rightly allotted the seat in general medicine as per his Rank in the merit list. So, he prayed to dismiss the writ petition.