SUDEEP PANIGRAHI Vs. CHAIRMAN, JOINT ENTRANCE EXAMINATION

JUDGEMENT

(1.) The Petitioner in the present Writ Petition has sought for issuance of writ of mandamus/direction directing the Opp. Parties 1 and 2 to allow him to take admission in the BDS Course in S.C.B. Medical College and Hospital, Cuttack for the Session 2009 -2010.

(2.) THE Petitioner after completing his 10+2 Science Examination, 2005 appeared in the Joint Entrance Examination, 2009 intending to take admission in the medical stream and being successful in the said examination secured the rank 458 in the general category and 99 in the green card category in the merit list for medical and dental streams. He attended the Counselling on 18.7.2009 at Bhubaneswar. During the Counselling, candidates were given admission according to their position in the merit list, both in the general category as well as under various reserved categories like Scheduled Caste, Scheduled Tribe, Physically Handicapped, children of green card holders etc. when their respective turn came. The Petitioner produced all the certificates as required during the Counselling. On verification of his documents, he could ascertain that he would be eligible to take .admission in the BDS Course in S.C.B. Medical and Hospital, Cuttack, as a candidate under the reserved category for 'Green Card', according to his rank. However, the Admission Committee refused to accept the green card produced by the Petitioner on the ground that the same is defective and disallowed the Petitioner to take admission for the said seat. It is alleged in the Writ Petition that the Petitioner was compelled to write a declaration that he refuses to take admission and the Petitioner was also asked that if he does not give such a declaration, his original documents will not be returned. Being compelled, he gave the declaration as directed as the original documents along with a draft of Rs. 16,000 were denied to be returned to him. The green card produced by the Petitioner was held to be defective as there were some over writing over the name of the Petitioner and as his exact date of birth was not mentioned there. The Petitioner also states that he produced his birth certificate along with High School Certificate in which his date of birth was mentioned. He also clarified that the over writing which appears in the green card in respect of his name has been made by the authority issuing the said green card and the authority has also put his initial.

(3.) THE last candidate M. Bibhudutta, who secured rank 114 in the merit list and was given admission to the BDS seats at S.C.B. Medical College, Cuttack has been added as Opp. Party No. 3 in this Writ Petition.