POONAM HANSU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Pursuant to the advertisement dated 13th July, 2003, issued by the respondent No. 2, namely Director of Technical Education, Assam inviting candidates for selection and admission into under-graduate courses in Gauhati Medical College, Guwahati, Assam. The petitioner submitted application in the prescribed form. The form, in question, was required to be submitted along with a certificate of permanent residence in respect of the applicant. The petitioner appeared before the Selection Board on 12.8.2003. The Selection Board rejected the application form of the petitioner for not furnishing the permanent residential certificate, in original, and accordingly disqualified her. Challenging the rejection as arbitrary, the petitioner has approached this court under Article 226 of the constitution of India seeking, inter-alia, issuance of writ commanding the respondents to offer another chance to the petitioner to produce the permanent residential certificate, in original, before the authorities concerned and on the same being furnished, as sought for, the respondents be further directed to take the same into consideration and allow the petitioner to take admission in the MBBS course for the session 2002-2004. The respondents have resisted the prayer by filing affidavit-in-opposition, wherein it has been contended, inter-alia, that the Form-B, which the petitioner submitted, was incomplete inasmuch as the permanent residence certificate, which was required to be furnished, in Form-B, by the petitioner before the competent authority had not been furnished by the petitioner and in this view of the matter, the form, in question, was liable to be rejected in terms of the advertisement, in question, as well as the provisions of Rule 7 (iv) of Medical Colleges of Assam and Regional Dental Colleges (Regulation of Admission of under-graduate Student Rules, 1996 (hereinafter referred as to the said Rules of 1996). The respondents have prayed for rejecting the writ application.

(2.) I have heard Dr. A. K. Saraf, learned Senior Counsel assisted by Mr. S. Saikia, and Mr. P. K. Mushahari learned Senior Govt. Advocate, appearing on behalf of the respondents.

(3.) While considering this writ application, it needs to be noted that if one looks carefully into the provisions of Rule 7 (iv) of the said Rules of 1996, it transpires that if an application form is incomplete in any respect, for, the same having not been filled up as per the instructions given in the form, such an application shall not be eligible for consideration. A bare reading of the advertisement, in question, reveals that according to the advertisement "All candidates must bring with them Form 'B' duly and properly filled in, original marksheets, there copies of recent passport size photographs and other relevant certificates including JAT '03 Admit Card for scrutiny by the Selection Board." When the advertisement is read, in the light of provisions of rule 7 (iv), it becomes clear that Form 'B' has to be filled in by a candidate in all respect and on failure to fillup the same, the application ceases to be eligible for consideration.