RAJASHREE NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the action of the Chairman, Joint Entrance Examination, Odisha, 2012-opposite party No. 2, in not giving her admission in MBBS course in Government Medical Colleges under Ex-Servicemen category (in short ESM category). The facts leading to the present writ petition are as follows: The petitioner, as per the Information Brochure for admission into MBBS Course, 2012 applied under the heading of seats meant for Ex-Servicemen category. In three Government Medical Colleges of the State, 3% of total vacancy has been ear-marked and reserved for the aforesaid category. There are total 450 seats available in the Government Medical Colleges, out of that only 14 seats meant under the said reservation category. The petitioner filed her application along with the certificate issued by Rajya Sainik Board, Odisha in the prescribed format, appeared the examination and also secured rank in the merit list. As per the merit list, the petitioner secured 897 'rank under General Category and 15 under ESM category. The petitioner, on verification of the rank list found that the candidate, whose name was found place at SI. No. 14 of ESM category was not eligible to take admission, since his father is in service and erroneously his name was reflected in the merit list under Ex-Servicemen category. One Rakesh Mohanty, whose position was at SI. 1 under Ex-Servicemen category, preferred to join in the General Category. Similarly, one Lipsa Tripathy and Ajaya Moharana, whose names were found place at SI. Nos. 2 and 3 respectively have also taken admission in General category. Accordingly, the petitioner position came to SI. No. 11 of the Ex-Servicemen category. Therefore, the opposite parties should have allowed the petitioner to take admission in the MBBS Course as per her rank in the merit list. However, the opposite parties have permitted the candidates, whose positions were below the petitioner to take admission under the aforesaid category ignoring the rank of the petitioner. Being aggrieved by such elimination to take admission in MBBS Course, the petitioner made a representation to the concerned authorities ventilating her grievance and since no action was taken thereon, she has approached this Court in the present writ petition.

(2.) It is submitted by the learned counsel for the petitioner that the action of the opposite parties is erroneous, illegal for not allowing her to take admission in MBBS Course under Ex-Servicemen Category. It was learnt from reliable source that the opposite parties have given priority to others while considering allotment of seats under the aforesaid reserved category, though the allotment should have been made on the basis of merit list only. Therefore, the action of the opposite parties is not legal and liable to be interfered with.

(3.) A counter affidavit has been filed by the Medical Council of India-opposite party No. 4 taking a stand that as per the Regulation formed on Graduate Medical Education, 1997, the methodology of selection of candidates and determination of merit for admission to MBBS Course amongst the candidates, who are otherwise eligible for admission to the course, is prescribed under Regulation-5. Regulation-5 is quoted hereunder as follows: