COMPETENT AUTHORITY Vs. MIR ABIDA

JUDGEMENT

(1.) THIS Letters Patent Appeal has arisen out of an order dated 20.10.2000 passed in OWP No. 504/2000 whereby the learned Single Judge has granted admission to the respondent No. 1 to undergo MBBS Course in the Medical College.

(2.) BRIEF facts are that the appellants issued notification inviting applications for the candidates to appeal in the entrance test for selection to undergo MBBS course, Session 2000 in different Colleges in the State. Desirous candidates including respondent no. 1 (herein after the respondent) applied and appeared in the Common Entrance Test. The respondent was not selected because of her lower merit. She approached the court seeking relief or admission to MBBS Course, Session 2000 on the ground that the seats are available in the Medical Colleges and that the three questions of Chemistry paper of the respondent have not been evaluated by the competent authority. The last selected candidate has secured 155 marks. The respondent has been awarded 152 marks whereas she was entitled to secure 155 marks had the three questions in Chemistry Paper been properly evaluated by the respondents awarding one mark for the each question.

(3.) RESPONDENTS were notified and granted time to file the objections which could not be filed as recorded in the course of the order under appeal. The learned Single Judge having appreciated the rival contentions came to the conclusion that the seats still available and the petitioner was entitled to secure 155 marks, the evaluation of the questions will take time and if the admission is not granted shall be an injustice to the respondent which cannot be compensated, thus granted the admission.