MINARVA DASH Vs. DIRECTOR OF AYUSH

JUDGEMENT

(1.) THIS Writ Petition has been filed with a prayer to issue a writ of mandamus directing Opp. Party No. 1 -Director of Ayush, Government of Odisha, Bhubaneswar to allow the Petitioner to take admission in Bachelor of Ayurvedic Medicine & Surgery Course (for short 'BAMS') either at Gopabandhu Ayurvedic Mahavidyalaya, Puri or KATS Ayurvedic College, Ankushpur, Ganjam. Petitioner's case in a nut shell is that the Petitioner has secured 1st Class in H.S.C. Examination & 2nd Class in +2 Science Examination. As per the terms & conditions enumerated in the advertisement of OJEE, 2013, she has secured more than 50% of marks in Physics, Chemistry & Biology. She was qualified in the Joint Entrance Examination Odisha (OJEE) 2013 in BAMS Stream holding Rank No. 5321 for the academic year 2013 -2014. The Chairman, OJEE, 2013 issued a notification/advertisement with regard to vacancy Counselling for admission to BAMS -& BHMS Courses on the basis of revised merit list fixing the date for appearance of the rank holders on 26.11.2013. On 12.11.2013, there was a natural calamity on account of heavy cyclone (Phailin) & Krushna Prasad Block, to which the Petitioner belongs, was seriously affected/devastated & cut off from other parts of the State. Apart from that, there was also no supply of water, electricity & availability of telephone/internet facility until 5.12.2013 for which reason the Petitioner was not able to appear for the OJEE Counselling, which was held on 26.11.2013. Thus, the Petitioner has been deprived of taking admission to the college despite having requisite qualification & securing good rank. The Petitioner made representations ventilating her grievances to Opp. Party No. 1 -Director of Ayush on 28.11.2013 & to the Minister, Health & Family Welfare on 03.12.2013 with a request to allow her to take admission in BAMS Stream as two seats were lying vacant at the Gopabandhu Ayurvedic Mahavidyalaya, Puri & also one seat was lying vacant at KATS Ayurvedic College, Ankushpur, Ganjam, but no action having been taken on her representations, she has approached this Court in the present Writ Petition seeking the above relief.

(2.) MR . R.K. Patnaik, Learned Counsel for the Petitioner submitted that the students securing rank much below the Petitioner have participated in the OJEE Counselling held on 26.11.2013 & their names were placed in the selection list for taking admission in different colleges. The Petitioner belongs to Krushna Prasad block which is an island in Chilika Lake. Due to natural calamity on account of heavy cyclone (Phailin) Krushna Prasad Block was cut -off from other parts of the State & the Petitioner was prevented from participating in the OJEE Counselling held on 26.11.2013. The father of the Petitioner, who is Headmaster of a School, had been to Puri on 27.11.2013 by country boat for release of salary of the School teachers & came to know there from a newspaper that the Counseling for BAMS course was held on 26.11.2013. On the next day, a representation was filed before the Director of Ayush for giving admission to the Petitioner. He, therefore, prayed that necessary direction may be issued to Opp. Party No. 1 to allow the Petitioner to take admission in BAMS Course.

(3.) PLACING reliance upon the decision of the Hon'ble Supreme Court in the case of Mridul Dhar vs. Union of India, : (2005) SCC 65, Mr. Palit submitted that after the cut -off date, i.e., 30th November, 2013, the OJEE cannot admit the students. Any admission in any vacant seat has to be notified & admission to the same is to be done through a Counselling process & not on the basis of any representation. Mr. Palit also relied upon the decisions of the Hon'ble Supreme Court in the case of Medical Council of India vs. Manas Ranjan Behera & ors., : (2010) 1 SCC 173, & in the case of Faiza Choudhury vs. State of Jammu & Kashmir, : AIR 2013 SC 1115 & submitted that a medical seat has life only in the year it falls that too only till the cut -off date fixed, i.e., 30th September in the respective year. Concluding his argument, Mr. Palit submitted that the Writ Petition being devoid of merit is liable to be dismissed.