SIDDHARTH SAHEWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner was an examinee in the Higher Secondary Examination conducted by the Central Board of Secondary Education (in short, 'the CBSE') in 2005. The petitioner's result of the said examination was declared on 23.05.2005. While the petitioner passed the said examination with more than 50% marks, in aggregate, in the subjects of Physics, Chemistry, Biology and English in the same sitting, he was put in compartment in the subject of Mathematics in terms of the Examination. Bye-law No. 42 of the CBSE. The requisite compartmental examination was, eventually, held on29.07.2005. The petitioner appeared in the said compartmental examination and passed the same as per the result declared on 16.08.2005. In the meanwhile, the Common Entrance Examination, 2005, (in short, 'the CEE') for admission into the MBBS/BDS course for the session 2005-06, in Assam, was held on 23.05.2005 and 24.05.2005. However, as the information bulletin of the CEE stipulated that the candidates, who were awaiting their results of the Higher Secondary Examination, were eligible to apply and appear in the CEE, the petitioner had appeared in the said CEE. Following the CEE, provisional select list was published on 21.06.2005. in the provisional select list, so prepared, the petitioner's position was 9th in order of merit. By notice, dated 21.06.2005, the selected candidates were called for inter- view-cum-first counselling to be held, on 04.07.2005, for selection for provisional admission in the MBBS/BDS course for the session 2005-06. Though the petitioner was called for counselling, he was not allowed to fill up the Form-B, which is required to be filled up in respect of the interview-cum-coun- selling and he was, thus denied participation in the said interview on the ground that he had not duly passed the Higher Secondary Examination conducted by the CBSE. Aggrieved by such denial, the petitioner has approached this Court, with the help of the present writ petition, seeking, inter alia, issuance of writ (s) commanding the respondents to admit the petitioner in the MBBS course for the session 2005-2006, the case of the petitioner being, in brief, thus: In terms of the relevant rules, a candidate for the MBBS course must pass his qualifying examination in four subjects, namely, Physics, Chemistry, Biology and English in the same sitting with aggregate marks of, at least, 50% in Physics, Chemistry and Biology and this being the qualification required and since the petitioner possessed this qualification, he was allowed to sit in the CEE held for the purpo'se and since the petitioner had obtained ninth position in the select list, he ought to have been provisionally selected for admission in the said course and since the petitioner's result of the compartmental examination had been announced on 16.08.2005 i.e. long before the last date up to which a student can be admitted to the course, the petitioner ought not to have been denied the interview/counselling on 04.07.2005, particularly, when the relevant bye laws of the CBSE provide that if the candidate, placed in the compartment, passes in the requisite compartmental examination, he shall be treated to have passed the Higher Secondary Examination. In the case at hand, the petitioner, havingpassed the compartmental examination on 16.8.2005, shall be treated to have passed the Higher Secondary Examination on. 16.08.2005 and since the petitioner's date of passing of the qualifying examination was long before the last date for counseling for, and/or admission to, the said course, the petitioner ought to have been provisionally selected in the interview-cum-coun- seling held on 04.07.2005 and he ought to have been admitted to the said course on his passing the qualifying examination. If the petitioner is not allowed to join the course, his entire hard work, preparation and object of becoming a doctor will be set at naught and the petitioner would sustain irreparable loss.

(2.) When the writ petition was moved an order was passed, in this writ petition, on 27.07.2005, directing the State respondents/ authorities concerned to keep reserve one seat in the MBBS course for the session 2005-2006 and not to fill up the same until further order that may be passed in the writ [petition. In terms of the directions, so issued, one seat has been kept reserved by the State respondents/authorities concerned in the MBBS course for the session 2005-2006.

(3.) So far as the private respondent, i.e. respondent No. 5 is concerned, her case is that she has passed her qualifying examination in the year 2004, she is in the waiting list at serial No. 218 in order of merit for admission to the MBBS course for and she would have received the admission, but for the interim directions, which have been passed in this writ petition. As the petitioner had not passed the qualifying examination, he is not qualified for admission into the MBBS course for the session 2005-2006 and, hencs, his writ petition has no merit and may, therefore, be dismissed.