ANJU BAKHSHI Vs. STATE

JUDGEMENT

(1.) This is the sad story of a candidate for the MBBS course whole dream stands shattered and academic pursuit as good as short-circuited by the failure of the State functionaries to discharge their statutory obligations within the time frame prescribed by the Statute. The matter raises some crucial issues of public importance concerning the inaction and inertia of the statutory authorities and its disastrous consequences on the aggrieved parties. Who compensates such a party and what is the role of the Court in such a situation, is the moot question.

(2.) Petitioner had applied for grant of reserved category certificate "Resident of Backward Area" (ROBA) to respondent No. 2 (Dy. Commissioner, Badgam), as far back as on 18-10-1991. Her application was endorsed to Tehsildar concerned on 28-10-1991 who processed her case and issued public notice in the newspaper on 22-11-1991 inviting objections from the public. The Tehsildar submitted the file along with his recommendation to the Deputy Commissioner who was the prescribed authority to issue certificate under SRO-316 of 1986 read with SRO-272 of 1982 on 25-4-1992. But, the Deputy Commissioner allegedly sat over the matter and failed to take any action till July, 1995 when he was under a statutory duty to decide the matter within fifteen days from the date of receipt of application.

(3.) In the meanwhile the Competent Authority, Entrance Examinations (CAEE) invited applications for selection to the MBBS / BDS courses for the session 1992. Petitioner also applied laying claim to the reserved category of "ROBA" and attached a certificate from the Tehsildar concerned to show that her case for grant of reserved category certificate was under process. No certificate was granted or refused to her till last date of receipt of the applications and the CAEE considered her case in the Open Merit category in which she failed to make the grade as she had obtained only 93 marks. Had respondent No. 2 granted her the ROBA certificate to which she was entitled, within the prescribed period of 15 days, she would have been considered in the reserved category of ROBA and selected because the last candidate had secured 87 marks. She would have figured at S. No. 7 of the merit list in this category and by now would have been near the completion of the course.