DR.RANJIT KUMAR Vs. NATIONAL BOARD OF EXAMINATIONS, MINISTORY OF HEALTH & FAMILY WELFARE, GOVT.OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the Union of India.

(2.) PETITIONER applied for admission in Super Specialty Course pursuant to National Board Centralized Entrance Test Super Specialty Course (CET -NBE) 2009. He became successful and was placed at SI. No. 2 in the merit list below Dr. Sanjay Prakash, who was issued call letter for admission on 25th March, 2009 by the I.G.I.M.S., Patna i.e. after the expiry of the last date fixed for such admission. As Dr. Sanjay Prakash, who was above the petitioner did not choose to join the course, petitioner applied for admission on the ground that he being placed just below Dr. Sanjay Prakash be considered for admission in the Super Specialty Courses at I.G.I.M.S., Patna. The request of the petitioner was not considered. He, accordingly, filed writ petition bearing C.W.J. C. No. 7761 of 2009, which was disposed of under order dated 10.7.2009 directing the authorities of the National Board of Examinations to consider the request of the petitioner for admission in the Super Specialty Course at I.G.I.M.S., Patna on the seat which remained vacant on account of refusal of Dr. Sanjay Prakash to get admitted. The Executive Director of the National Board of Examinations has considered the request of the petitioner and rejected the same under order dated 13th August, 2009 (Annexure -1) wherefrom it appears that learned Executive Director has rejected his request on the ground that Dr. Sanjay Prakash, who was placed above the petitioner in the panel, was offered admission by I.G.I.M.S., Patna after the cut off date. In the circumstances, petitioner also cannot be admitted on the seat which remained vacant on account of refusal of Dr. Sanjay Prakash to get himself admitted in Super Specialty Course at the I.G.I.M. S., Patna. Learned counsel for the petitioner submitted that for the delay and laches on the part of the I.G.I. M.S., Patna, petitioner could not be allowed to suffer and the seat which has remained vacant on account of refusal of Dr. Sanjay Prakash to get admitted should be offered to him as he has become successful in the selection test, which fact is admitted in the order of the Executive Director of the National Board of Examinations dated 13th August, 2009 (Annexure -1).

(3.) HAVING heard learned counsel for the petitioner and the counsel for the Union of India, who prayed for time to file counter affidavit, I however taking into account the nature of dispute and the contents of the impugned order deemed unnecessary to grant time to file counter affidavit as it is evident from the impugned order dated 13th August, 2009, Annexure -1, that the request of the petitioner for admission has been refused by the Executive Director of the National Board of Examinations on the ground of laches on the part of the institution, namely, I.G.I.M.S., Patna in issuing the offer of admission to Dr. Sanjay Prakash on 25th March, 2009 i.e. after expiry of the last date for admission i.e. 7th March, 2009. According to this Court delay and laches on the part of the institution can hardly be a ground to refuse admission to a candidate who has become successful in the examination.