BIKASH ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This order shall dispose of the main Writ: petition, WP(C) No. 5767/2004 along with the Misc. Case 3298/2004 and Misc. Case 3301/2004.

(2.) Heard Mr. S.P. Deka, learned Counsel for the petitioner, Mr. P. K. Musahary, learned Govt. Advocate, Assam and Shri A. K. Goswami learned Counsel appearing for the respondent No. 5, Sri Pratap Kumar Deb, in M.C. 3301/2004 and Respondent No. 16, Swati Lekha Karmakar, in M.C. Case Nb. 3298/2004.

(3.) Before proceeding with the matter, we may briefly note the broad facts, as detailed by this Court in the order dated 30.9.2004. "The petitioner, Shri Bikash Roy, had appealed in the Selection Test for admission into the MBBS/BDS/BMS Courses for the Sessions 2004-05. The examinations were conducted by the Gauhati University, for which applications were invited sometime in the month of May, 2004 and the Entrance Examination was held in June, 2004. The petitioner belongs to reserved category of OBC/MOBC and his Roll No. was 03520 in the said Entrance Examination. The petitioner scored 160 marks and he was placed at SI. No. 1 of the Waiting List for OBC. The petitioner was called for interview/Counseling on 17.7.2004. However, the said Counseling was deferred on that date and he was again called on 22.7.2004. On 14.7.2004 a corrigendum was issued by the Gauhati University and published in the newspaper, Assam Tribune, dated 14th July, 2004, whereby the name of three candidates, bearing Roll Nos. 01272,07583 and 02430, were added to the Merit List on the plea that they had scored 165,163 and 162 marks respectively in the Entrance Examination but due to some mistake/inadvertence their names were not added in the Merit List for the OBC / MOBC. In view of the above addition, the petitioner was deprived from getting admission as only 2 (two) seats were available for Waitlisted OBC candidates. The petitioner has challenged the addition of those names on the grounds that there was subsequent manipulation as regards the inclusion in the category of OBC/MOBC. The answer scripts were produced by the Gauhati University and we find that so far the marks scored by them is concerned, it is as per the notification. Now coming to the second allegation, we had directed the respondent State to produce the original Application Form etc. and accordingly the Application Form of Sanjoy Dey, bearing Roll No. 07 5 83 and Pratap Kumar Deb, bearing Roll No. 01272 have been produced. We have perused the Form-A of Sanjoy Dey and find that the said candidate had applied under the category of OBC and the Caste Certificate was issued to him on 30.8.2000 itself. Under Column 6 to Form A of the Application Form for Common Entrance Examination, if a candidate belongs to reserved category and seeks admission under that category, he is to give a tick mark against the relevant category and in case of Sanjoy Dey we find such tick mark in Form-A. Hence, so far the candidature of Sanjoy Dey is concerned, we find no illegality or irregularity. We also find not much force in the submission that the respondent authorities are precluded from making any corrections if any genuine mistake comes to light, as if these are not allowed due to the mistake of others, a genuine candidate would be deprived of his lawful rights of getting admission. Coming to the case of Pratap Kumar Deb, we have perused 'Form-A' in original, produced before us, and find that there is no tick mark against Column-6 in Form-A, which means that the said Pratap Kumar Deb does not belong to the reserved category; and/or he is not seeking admissions of that count. In respect of the third candidate Swati Lekha Karmakar, the respondent, Director of Medical Education, Assam, has produced a photostate copy of the Form-A and a photostate copy of the Caste Certificate on the ground that the originals are lying with the Principal, Silchar Medical College. We have perused the Form-A, against the Column No. 6. There was a cross mark, which has been subsequently corrected as tick mark, the overwriting is visible in naked eyes. Further, we find that the said Swati Lekha Karmakar has filed her application on 17.5.2004 and a copy of the Caste certificate has been produced before us along with the Form-A. The Caste certificate issued by the Sub-Divisional Other Backward Classes Development Board, Silchar bears SI. No. 5326 (figure 2 is not clearly visible) dated 2.7.2004. The said caste certificate was issued on 2.7.2004 and it was attested by the Executive Engineer, Silchar Development Authority on 5.7.2004. Thus, a Caste certificate which was issued on 2.7.2004 could not have been filed by her along with her application dated 17.5.2004. The Govt. of Assam had published an information Brochure, wherein under Column-6, under the heading, How to Apply', the procedure has been prescribed. Sub-clause (iii) and (iv) of Clause-6 reads as follows :