HRUSIKESH PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for a direction to the opposite parties to allot him a seat in MBBS Course on the basis of his rank in the State at the earliest.

(2.) Petitioner's case in a nutshell is that he appeared in the National Eligibility-cum-Entrance Test-UG 2013 (for short, "NEET") and qualified in the said examination securing 10362 rank in the NEET All India Rank and 513 rank in the State (Odisha). Considering his rank, the petitioner was allotted the branch of BDS course in S.C.B. Medical College and Hospital, Cuttack on 23.07.2013. The final vacancy round counseling for MBBS/BDS candidates was held on 25.09.2013 and 26.09.2013. As per the NEET All India Rank of the petitioner, he appeared on 25.09.2013 in the final vacancy round counseling after depositing counseling fee of Rs.450/- towards document verification. One candidate, namely, Manisha Mohanty, Rank No.GE4477 in NEET All India Rank was allotted MBBS and her name appeared in the final consolidated seat allotment for medical (MBBS/BDS) as on 26.09.2013. Manisha Mohanty took spot admission in MBBS, 2013 course at AIIMS, Bhubaneswar on the very same day, i.e., 26.09.2013 thereby vacating the MBBS seat in S.C.B. Medical College and Hospital, Cuttack. Further, one Swayam Prakash Dash whose NEET All India Rank is 10353 and Odisha Rank is 512, i.e., just one above rank as compared to the petitioner (513) was allotted MBBS course in VSS Medical College, Burla. Thus, the petitioner securing 513 rank in Odisha is the next eligible candidate to get allotment in MBBS as one seat has fallen vacant on 26.09.2013 after said Manisha Mohanty joined in AIIMS, Bhubaneswar. The petitioner reliably learnt that one more seat in MBBS in M.K.C.G. Medical College, Berhampur has fallen vacant on 10.10.2013 as one of the students has resigned and discontinued the course. Therefore, at present, two seats in MBBS-2013 are available to be filled up.

(3.) The petitioner appeared in person and submitted that as per the final schedule for All India Quota (NEET) UG Counseling, 2013, the last date up to which the students can be admitted against the vacancies arising due to any reason was on 30.09.2013. Therefore, the petitioner approached in person to opposite party No.2-OJEE-2013 on each day starting from 26.09.2013 to 30.09.2013 for allotting a vacant MBBS seat to him but in vain. The action of opposite party No.2 in not allotting one vacant MBBS seat to the petitioner, which had fallen vacant on 26.09.2013 itself, is absolutely illegal, arbitrary, and opposed to Articles 14 and 16 of the Constitution of India. No valid and cogent reason has been assigned by opposite party No.2 in not allotting the vacant MBBS seat to the petitioner. It was submitted that in the 1st year theory classes of both MBBS and BDS are same. The difference is only in the practical classes. So far as the practical classes are concerned, it is more for MBBS course in comparison to BDS Course.