RAJASHREE SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus directing the opp.parties to admit the petitioner to MDS Course of Oral and Maxillofacial Surgery of Dental Wing of the S.C.B. Medical College, Cuttack for the session 2008 -09 after quashing the admission of the opp.party No.5 - Dr. Rashik Bharadwaj, to the said seat.

(2.) IN order to appreciate the rival contentions of the parties, it is necessary to refer to the facts in brief, which are as follows : The opp.party No.3 - Convener of MDS Selection Committee issued an advertisement published in the daily Oriya Newspaper, "The Dharitri", dated 21.5.2008 (Annexure -8) inviting applications for admission to MDS Course of Dental Wing of S.C.B. Medical College, Cuttack for the academic session 2008 -09 in the discipline of Pedodotnics & Preventive Dentistry and Oral in Maxilofacial Surgery. It was mentioned in the said advertisement that the cost of application form is Rs.1000/ - which will be available in the office of Vice -Principal, Dental Wing, S.C.B. Medical College, Cuttack from 22.5.2008 to 28.5.2008 on all working days. The payment was directed to be made in shape of A/C Payee Bank Draft to be drawn in favour of the Convener, MDS Selection Committee -cum -Vice Principal, Dental Wing, S.C.B. Medical College, Cuttack payable at SBI, S.C.B. Medical College Campus Branch, Cuttack. The last date of receipt of the application was fixed to 4.6.2008 by 5.00 P.M. and it was stipulated that the merit list would be published on 6.6.2008 and the date of admission was fixed to 9.6.2008. The eligibility criteria were also mentioned in the advertisement.

(3.) A counter affidavit has been filed by the opposite parties 1 to 4 to which a rejoinder affidavit has also been filed by the petitioner. The opp.parties 1 to 4 in the counter affidavit admit that the petitioner applied for MDS Course as a direct candidate pursuant to the advertisement under Annexure -8. It has been averred that in order to complete the selection and admission process within the schedule period and keeping the Dental Council of India Guidelines and revised MDS Course Regulation, 2007 in view, the advertisement was published. In paragraph -11 of the counter affidavit, it has been stated that on 5.6.2008 he meeting of the MDS Selection Committee, 2008 was held in the office Chamber of the Director, Medical Education and Training, Orissa, who is the Chairman of the Selection Committee. The proceeding in the meeting has been annexed to the counter affidavit as Annexure -C/3. The relevant portion of said Annexure -C/3 is quoted herein below : -