ALISHA SEHJAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who had participated in the entrance examination for admission to MBBS course, was ranked 41 in the All India Pre -Medical/Pre -Dental Entrance Test -2014 (hereinafter called as 'AIPMT -2014'. The information bulletin issued by CBSE for the entrance test of 2014 provides for manner of applying for the test and the mode of communication of results. The petitioner has complied with the terms, such as, making an application online and has come by a favourable result in the manner prescribed in the information bulletin. The bulletin provides that CBSE would provide a facility for downloading admit card for AIPMT -2014 and they would preserve the card in good condition till admission in medical college was over. It also provides for the declaration of result in the website www.aipmt.nic.in.

(2.) THE University has issued an admission notice calling upon applications for admission for the Session 2014 to be made and prescribing the online filling on time applications before 17.06.2014 and for deposit of fee of Rs. 4,500/ - for general category and Rs. 2,250/ - for scheduled caste before 18.06.2016. The counselling for admission was prescribed between the dates 21.06.2014 to 23.06.2014 for MBBS candidates. The petitioner's contention is that she is a scheduled caste candidate with no internet facilities at home and while she sought the assistance of the local internet cafe to log her application form on 17.06.2014 online, she was not successful due to some problem of internet connectivity and she had, therefore, perforce to appear in person the following day on 18.06.2014 with an application to the Vice Chancellor expressing the difficulties that she encountered in online submission and for a prayer for receiving the application form along with fee since the counselling had been fixed for 23.06.2014. This came to be rejected. Therefore, the petitioner has approached this court in CWP No. 12180 of 2014 for court's intervention where this court had passed an order directing the University to look into the application of the petitioner dated 18.06.2014 and take appropriate action. On this direction, the University has passed an order on 23.06.2014 which is impugned in this writ petition stating that the application not submitted online by 17.06.2014 could not be entertained.

(3.) IN this case, I must note that in the CBSE information brochure itself, there is nothing particularly specific mentioned about the manner of having to file application for admission for counselling with the University as obtaining in a particular form. It has come about only subsequently after the results were declared when the University has notified that the last date for online filling shall be 17.06.2014 and the last date for deposit of fees was 18.06.2014. All conditions which are prescribed have a purpose to fulfill. It is a manner of drawing a list of eligible candidates and to line up the candidates on various dates for counselling and ensure a smooth admission process was completed of all persons who were declared successful. The dates also have a relevance in view of the fact that there are various colleges for admission in various States and a person that takes an examination and secures a rank may opt to go to any college affiliated to a particular University of his choice by taking the CBSE exam results as a basis for obtaining admission. A date which is fixed by the University is a sure method of reckoning the aspiring candidates who seek admission in that particular University. I will not, therefore, take the date which is mentioned as 17.06.2014 was merely a whimsical date or that it can be easily diluted or interfered with by any other authority.