COMPETENT AUTHORITY Vs. SUSHIL KUMAR SHARMA

JUDGEMENT

(1.) The matter is such we felt that a case of remand has atleast been made out. We will explain the situation.

(2.) An examination was conducted by the Appellants for admission to Medical Colleges. The reservation policy of the State in the matter of such admissions was applicable to only Government Colleges. Respondent No. 4 to the writ petition despite obtaining 162 marks was recommended for admission to a Private College. Petitioner, who obtained 140 marks, was not recommended for being admitted in any Medical college. He was recommended for being admitted in a Vetenary College. Petitioner contended that seats available to Actual Line of Control Category, to which he belonged, was seven and one Avishekh Chauhan belonging to the self same category got 164 marks, but was recommended for being admitted in a seat reserved for the said category; whereas the last candidate in the open merit category, who had been recommended for being admitted in a Medical College, had also obtained 164 marks. It was contended that in such situation Avhishekh Chauhan should have been treated as an Open Merit category candidate. It was also contended that if such shifting of Avishekh Chauhan had been made, there would have been one more seat available to the category to which the Petitioner belongs and he could also be accommodated for that seat. While rendering the judgment and order under appeal, learned Single Judge felt that the contention of the Petitioner pertaining to shifting of Avishekh Chauhan, in the facts and circumstances, as pleaded in the writ petition, had not been denied. Proceeding on the basis that such denial had not been made, the judgment and order under appeal has been rendered. We, however, found from the counter filed before the learned Single Judge by the Appellants that full reasons had been furnished as to why Avishekh Chauhan could not be treated as an Open Merit category candidate. It was contended that last person in the Open Merit category of male secured 164 marks and Avishekh Chauhan also secured 164 marks. It was stated that in the event, there is a tie, how the same is required to be sorted out was indicated in the Rules and in terms of the directions contained in the Rules for sorting out the same, steps were taken and, accordingly, Avishekh Chauhan lost. He, accordingly, could not be treated as an Open Merit category candidate.

(3.) We think, while this aspect of the matter needs to be gone in, at the same time, it is required to be gone in why a person who got 162 marks could be recommended for admission even in a Private Medical College.