SUSANT MOHARANA Vs. CONVENER P G MEDICAL

JUDGEMENT

(1.) THE petitioners in the present Writ Application challenge the action of opposite parties in not granting admission to P.G. Medical Course, 2005 on the ground of non -production of College Leaving Certificate. They have prayed for a direction to admit them to the P.G. Medical Course for which they have been selected in the Entrance Examination after fresh counselling. Prayer has also been made for quashing the counselling of candidates held on 18.4.2005 as illegal and arbitrary.

(2.) THE short fact of the petitioners' case bereft of unnecessary details is that petitioners No. 1 to 4 are in -service candidates and they had submitted their service certificates as per the call letter at the time of counselling but the opposite parties insisted that the petitioners have to produce College Leaving Certificate to get admission into P.G. Medical Course, 2005. According to the petitioners, non -production of the College Leaving Certificate at the time of counselling is per se not a serious lapse so as to deny them admission when admittedly they are service holders under the State Government and have produced the certificates issued by the State Government days prior to the counselling. Petitioner No. 1 was selected and ranked 22 in general category and was called by the Convener (opposite party No. 1) to attend the counselling session on 18.4.2005 at 9.00 A.M. for the purpose of admission, but he was denied admission to the course on the ground of non -production of College Leaving Certificate. Petitioner No. 2 was selected and obtained rank 75 in general category and rank 1 in scheduled caste category. Petitioner No. 3 ranked 76 in general category and 2 in Scheduled Tribe category. Similarly petitioner No. 4 ranked 8 in general category. She, however, claims that she obtained the College Leaving Certificate on the same day i.e., on 18.4.2005 from S.C.B. Medical College and produced the same before the authorities but that was not considered and she was denied admission on the ground that the counselling session had already begun and that her College Leaving Certificate cannot be accepted. Petitioner No. 5 was a direct candidate, who appeared in the Entrance Examination and was assigned rank 4 in Physically Handicapped Category.

(3.) THE Medical Council of India has filed a counter affidavit referring exhaustively to certain decision of the Apex Court to emphasise that admission beyond the scheduled date is impermissible, the Court cannot direct admission after the Scheduled last date of admission and since in the present case, last date of admission was 31.5.2005, no direction should be given for admitting the petitioners even if it is held that the non -acceptance of the prayer of the petitioners was impermissible.