AZHARUL ISLAM Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) HEARD Mr. J. Ahmed, learned Counsel for the petitioner and Mr. A.S. Choudhury, learned Senior Counsel, appearing for the private respondent No. 6. Also heard Mr. P.K. Mushahary, learned Senior Govt. Advocate, Assam, appearing for the official respondents.

(2.) BOTH the writ petitioner and the private respondent No. 6 were aspirants for medical admission for the session 2005 -06. In the common entrance examination held in the month of May 2005 the petitioner secured 159 marks and was placed at serial No. 505 in order of merit. The respondent No. 6 secured 163 marks and was placed against the merit position No. 426. The respective forms submitted by the aforesaid two candidates are concerned would go to show that both of them had applied for admission as candidates belonging to Char Area category. In the merit list published, the name/Roll No. of the writ petitioner appeared against serial No. 4 of the said category, i.e., Char Area category; however, the name/Roll No. of respondent No. 6 was not included in the said category. As some of the candidates placed higher than the writ petitioner in the Char area category were found to be ineligible for admission or had opted out of the admission process according to the petitioner, his turn had come for admission. However, on the date of counseling the respondent No. 6, whose name/Roll No. was not included in the list of candidates belonging to the Char Area, category was allowed to participate in the counseling held for the candidates belonging to the said category and on the basis of the better merit position, the respondent No. 6 was offered admission Consequently, this writ petition has been filed.

(3.) THE Gauhati University which had conducted the entrance examination and the official respondents as well as the private respondent No. 6 have filed their respective counter affidavits. The records relevant to the case has also been placed before the Court Including the Rules governing admission as well as the information bulletin supplied to the candidates alongwith the application form. The materials on record would go to show that at the time of submission of application by a candidate to participle in the common entrance examination only the form in Form -A is required to be filled up. In the Form -A submitted by the respondent No. 6 it was clearly mentioned that he is claiming a seat as a Char area category candidate. In terms of the information bulletin supplied to candidates, no certificates were required to be submitted at the stage of submission of Form A. There another part of the form, i.e., Form -B which is given to the candidates on the last date of the entrance examination. The Form -B supplied In the candidates has several self -contained certificates in blank which are required to be filled up by the prescribed authorities. This Form -B is required to be submitted by a candidate on the date of counseling, the he respondent No. 6 had accordingly submitted the said Form B along with all the certificates incorporated therein at the time of his counseling. In the meantime, as would be evident from the affidavit filed by the Gauhati University, the non -inclusion of the name of the respondent No. 6 in the category of Char area candidates was found by the University to be an inadvertent omission and the University had requested the counseling authority to consider the case of the petitioner as a Char area candidate by issuing a letter dated 2.7.2005 to the said effect. On the said basis, in the counseling held by virtue of the prescribed certificate produced by the respondent No. 6 that he belongs to the Char area category and by virtue of his higher merit, he was found eligible for admission.