ROHIT CHAUHAN Vs. CHAIRMAN ADMISSION SUB COMMITTEE JOINT ENTRANCE EXAMINATION E AND M 2000 UNIVERSITY COLLEGE OF ENGINEERING SAMBALPUR

JUDGEMENT

(1.) The challenge in this writ application is to the inaction of the opposite party by not permitting/allowing the petitioner to participate in the counselling for admission to the Engineering Courses in the State of Orissa.

(2.) The facts giving rise to the petition are that in response to an advertisement that was issued, the petitioner submitted an application to appear at the Joint Entrance Examination (Engineering and Medical) 2000 for admission into Engineering stream. It is the case of the petitioner that as his application form was in order he was issued an Admit Card, copy whereof is Annexure-1 to the writ petition on the basis of which he appeared at the said Examination of the B.J.B. College Centre, Since he succeeded in the written test he was issued a Call Letter to appear at the counselling scheduled to be held at Bhubaneswar on 9-8-2000. The petitioner went to Bhubaneswar and though the authorities collected the Call Letter from him and though the petitioner submitted the residential certificate issued to him by the Tahsildar, Jatni, he was not permitted to participate in the counselling. He was however, informed, though not in writing, that as the certificate submitted by him was mutilated, he could not be permitted to participate in the counselling.

(3.) The petition was opposed, inter alia, on the ground that as the certiticate produced by the petitioner had been mutilated and had not been filled up as per the requirement, the same was not accepted by the Chairman, Admission Sub-Committee and as such, the petitioner was not allowed to participate in the counselling on 9-8-2000. In paragraph 3 of the counter-affidavit, it has been averred that the "candidature of the petitioner was rejected because the resident/nativity certificate produced by him has been mutilated. The word "Nativity" has been scored through in the certificate Appendix-I (Form No.III). Further the portion "is a native of the District of .... in the State of Orissa and " in the resident/nativity certificate has been scored through by the Tahsildar which indicates that the petitioner is not a native of Orissa. Since the Appendix-I (Form No.III) resident/nativity certificate has not been completely filled up and has been scored through, the same was not accepted by the Chairman, Admission sub-committee and the petitioner's candidature was rejected. The other eligible candidates who were below the rank of the petitioner took admission and the seat commensurate with the rank of the petitioner was filled up. Therefore, the writ application has become infructuous and is liable to be dismissed.