SUNANDA PRIYADARSHINI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed with a prayer to declare the action of opposite party No.2 -Chairman, PG Medical Selection Committee -cum -Principal, SCB Medical College, Cuttack and opposite party No. 3 -Convenor, PG (Medical) Selection Committee -cum -Principal, SCB Dental College, Cuttack in not allowing the petitioner to participate in 4th and final round of counseling for admission to P.G. (Medical/Dental) Course, 2014 held on 07.07.2014 as illegal and bad in law. The further prayer of the petitioner is for a direction to opposite parties to permit the petitioner to take admission in P.G. Medical Course, 2014 -15 in the State of Odisha.

(2.) PETITIONER 's case in a nut shell is that the petitioner is a permanent resident of Ganjam district in the State of Odisha and completed her MBBS course successfully in the State of Karnataka. She appeared in All India PG Medical Entrance Examination (AIPGMEE), 2014 in which she was qualified to participate in online All India 50% quota counseling. Her rank was 2073 under the category -UR. She was allotted a seat during first round counseling for study of PG (Medical) in Nilratnam Sircar Medical College, Kolkata. On 24.04.2014, the petitioner reported before the allotted institution and the aforesaid institution retained original documents such as MBBS degree certificate, Orissa Counsel (2) certificate original, MBBS final year mark sheet, internship completion certificate. Petitioner joined the Nilratnam Sircar Medical College, Kolkata on 30.06.2014. The petitioner as direct candidate had made an application to the Convenor, P.G. Medical Counseling Committee, SCB Dental College and Hospital, Cuttack for admission into P.G. Medical courses for the session 2014 -15 in the State of Odisha. The revised provisional merit list of direct candidates for P.G. Medical Course, 2014 -15 for the State of Odisha was issued where the petitioner's name found place in rank 61. The revised provisional seat matrix was flashed on 05.07.2014 for spot counseling to be held on 07.07.2014 during evening hour mentioning total vacancies for direct candidates as 61. On 07.07.2014, the petitioner appeared before the Counseling Committee. By the time, her name was called she was eligible for a Medicine seat at MKCG Medical College, Berhampur against the available vacancy. Being asked by the Committee to submit CLC from Nilratnam Sircar Medical College, Kolkata, the petitioner gave an undertaking to produce the CLC within seven days. In spite of the same, she was denied allotment of such seat by the Counseling Committee for non -production of CLC. Hence, the present writ petition.

(3.) MR .C.Nayak, learned counsel for the petitioner submitted that the Counseling Committee has refused to allot a seat in favour of the petitioner in order to accommodate candidates who are below the rank of the present petitioner. Since the petitioner had taken admission in Nilratnam Sircar Medical College, Kolkata as an All India candidate she produced all the original documents there and the Counseling Committee acted unreasonably in not affording reasonable opportunity to the petitioner for submission of CLC. Students who took admission in different Medical Colleges were allotted time to produce CLC. The conditions stipulated in the notice under Annexure -1 for production of CLC are applicable to fresh students who have not taken admission. It is not applicable to the petitioner who has already taken admission in Nilratnam Sircar Medical College, Kolkata. CLC is required to be produced before the allotted College at the time of admission. Therefore, it was submitted that the action of the opposite party -Medical Council in not allotting a seat to the petitioner for non -production of CLC is illegal and the petitioner is entitled to the relief sought for in the writ petition. Mr. R.C. Mohanty, learned counsel appearing for opposite party Nos.2 and 3 -P.G. (Medical) Selection Committee submitted that the fourth and final round counseling for admission to P.G. (Medical/Dental) Courses for the year 2014 was scheduled to be held on 07.07.2014 at the Institute of Engineers, Schibalaya Marg, Unit -IX, Bhubaneswar. The notice was floated in the website of the Director, Medical Education and Training, Odisha on 03.07.2014 for information of all concerned. In the said notice, it was categorically mentioned that "under no circumstances a candidate can be admitted without College Leaving Certificate (CLC)". The seat matrix was floated in the website on 06.07.2014 after the All India seats were surrendered to the State. In case of spot admission, the seat matrix was supposed to be notified at the spot, i.e., at the counseling place but for the candidates benefit, it was given in the website on 06.07.2014.