ARUNABH PRABHAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Petitioners five in number have filed the present writ application for a direction to the respondent No. 3, the controller of Examination, Health Services, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna to fill up sixty -two vacant seats in pos -graduate courses from the successful candidates of the Post -Graduate Medication Admission Test, 1998. (hereinafter referred to as the P.G.M.A.T.).

(2.) Admitted facts are that admission to the post -graduate course including diploma is held on the basis of the competitive test known as P.G.M.A.T. An advertisement was issued in terms of the prospectus for admission in the P.G.M.A.T. for the year, 1998 in which the petitioners and others applied. The examination was held on 29th March, 1998 and the result was published on 21.4.98. In terms of the prospectus, the qualifying marks for general category candidate, BC. BCE, MBC. is 50% and for Scheduled Caste and Scheduled Caste is 40% for admission in the post -graduate course. The Merit List of the candidates appeared in the test is prepared on the basis of the marks obtained in the competitive test. The selected candidates are called for verification of original documents by personal appearance. For the purpose of selection, first Counselling was held from 25th to 25th May, 1998 in terms of the prospectus and there were 226 vacant seats under the general category for admission under different courses. Two hundred twenty -seven candidates were called for Counselling and out of them one hundred and fifty -five candidates were finalised. On 28th August, 1998 was fixed as the date of second Counselling but due to disturbances created by the candidates the same was postponed. The Director General of Medical Science, Government of India by telegram dated 8.9.98 surrendered the remaining seats of the Central Quota to the State and thereafter, the date of second Counselling was again fixed on 16.11.98 at India Medical Association Building. Again the disturbance was created as a result of which the second Counselling was cancelled. Then petitioners 2 & 3, namely, Kumar Sumeet and Niranjan Pd. filed a writ application in this Court being C.W.J.C. No. 8722/98 which was disposed of by this Court on 8.12.98 and this Court directed that the second Counselling be held on 19th & 20th December, 1998 in presence of Sri P.K. Sinha, Registrar Vigilance of Patna High Court and accordingly second Counselling was held on the aforesaid date fixed. At the time of second Counselling, the total number of vacant seats under General quota was 104. Out of which the State quota in the degree course was 26, Central quota was 13, the State quota in the diploma was 45 and Central quota was 20. One hundred and thirteen candidates were called for second Counselling. Out of them 42 candidates were only admitted. Forty -one being the fresh candidate and one candidate who was not admitted in first Counselling as there was no vacancy of his choice. After second Counselling, 62 seats remained vacant under General category wherein 20 were in the degree course and 42 were in diploma course.

(3.) The writ applications being C.W.J.C. Nos. 6134, 10218, 7057 & 8646 of 1996 and C.W.J.C. Nos. 3196 & 11682 of 1996 were filed by the candidates for their admission in the PGMAT course for different years ranging from 1994 to 96. The same were heard together and disposed of by a common order on 7.12.98. The writ applications were dismissed and while dismissing the writ application this Court after having noticed the bungling and manipulation in the matter of admission to the Post -graduate course issued certain direction for taking admission strictly in accordance with the result of the competitive test, having regard to the provision of reservation etc. This Court emphatically stated that vacant seats in a particular year shall not be filled up in subsequent years, and all seats which are not filled up within the period prescribed under the prospectus shall lapse. The direction issued by this Court in paragraph -11 of the aforesaid batch cases runs as follows: It is made clear to the respondents that no admission to the medical courses both in postgraduate and undergraduate courses shall be granted by the Govt., and the admissions shall be granted strictly in accordance with the result of the competitive test, having regard to the provisions of reservation, etc. It is also clarified that seats which remain vacant in earlier years shall not be filled up in subsequent years, and all seats which are not filled up within the period prescribed under the prospectus shall lapse. It is also clarified that those candidates who get the subject and college of their first choice at the first Counselling shall not be invited for the second Counselling. For this purpose, the admitting authority must get the choice of every candidate registered in writing, so that only those candidates are called for second and subsequent Counselling who are not given the subject of their first choice on account of non -availability of seats at the time of first Counselling, and which becomes available subsequently. In the past also, I have passed orders giving clear guidelines to the authorities, and it is expected that those guidelines will be followed in future. The authorities will also keen in mind the guidelines issued by the Supreme Court of India with regard to the filling up of the vacant seats of the reserved category candidates belonging to unreserved category in order of merit if candidates belonging to reserved category are not available. I want to make it clear that seats not filled up within the time stipulated in a particular year, shall in no event be filled up in subsequent years. The respondents are also directed to adhere to the time schedule fixed by the Supreme Court, and all post -graduate medical courses must commence from the 2nd May of each year. Since there should be transparency in the matter of admission to these courses, the respondents are directed to place on the notice board the merit list of eligible candidates with marks obtained by them in the P.G.M.A.T. held every year, so that each candidate may be aware of his position in the merit list, and there is no scope for manipulation. This does not require the sanction of any rule, but is a mere requirement of fairness in action. Thus, in terms of the aforesaid direction if the seats are not filled up within the period prescribed under the prospectus has to lapse.