SEEMA SAHEEN Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPART MERIT OF HEALTH AND FAMILY WELFARE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) PETITIONER appeared in the Bihar Combined Entrance Competitive Examination, 2009 (hereinafter referred to as "the Examination") conducted by the Bihar Combined Entrance Competitive Examination Board (herein after referred to as "the Board") as reserved candidate and succeeded. She was offered admission in MBBS degree course at N.M.C.H., Patna but her admission was not taken as she failed to produce residency certificate indicating that she is permanent resident of Bihar, whereafter she was granted opportunity to produce residency certificate indicating that she is permanent resident of Bihar by 15.9.2009. It is submitted on behalf of the petitioner that having obtained residency certificate from Sub - Divisional Officer, Simri, Bakhteyarpur, Saharsa bearing No. 1707 dated 2.9.2009 indicating that she is permanent resident of Village Katho, P.S. - Bakhteyarpur, District -Saharsa, she submitted the certificate before the Board, yet she was not given offer for admission and she approached this Court by filing this writ application asserting that she be allowed admission in the light of her result in the examination conducted by the Board. 18/4/2014 Page 274 Srikant Das Versus State Of Bihar

(3.) COUNSEL for the Board has opposed the prayer and submitted that having considered the marks obtained by the petitioner earlier she was offered admission in the M.B.B.S. course at N.M.C.H., Patna but while examining her residency certificate, the same was not found in order. Accordingly, she was allowed time to produce the residency certificate indicating that she is permanent resident of Bihar. Before the certificate could be produced by the petitioner the Board examined the marks obtained by her in the examination and noticed that although, she has been declared successful in the examination but in terms of the examination regulation of the Medical Council of India, she has not secured in the examination 40% marks in aggregate in Physics, Chemistry and Biology and as she has not secured such marks she is not entitled to be admitted in the said course. Appreciating such fact petitioner has been informed by the Board under letter No. 2224/2009 dated 10.9.2009 that she having secured only 22.67% marks in aggregate in Physics, Chemistry and Biology cannot be allowed admission in teeth of Clause 15.4(iv) of the Prospectus, which inter alia provides that the guidelines framed by the Medical Council of India for admission in MBBS course shall apply to the admission in light of the examination conducted by the Board. As petitioner has secured only 22.67% marks in aggregate in Physics, Chemistry and Biology she cannot be admitted in the MBBS course, her admission will be in teeth of the salient features of the regulations framed for Graduate Medical Admission, 1997 as amended in the year, 1999, which has also been notified in the gazette on 29.5.1999.