DR. AKHIL KUMAR GUPTA Vs. STATE AND ORS.

JUDGEMENT

(1.) In this petition, the petitioner, inter alia, seeks writ in the nature of certiorari for quashing the allotment of MD, Anaesthesia seat in favour of respondent No.5 vide Notification No.31-BOPEE of 2018 dated 07.05.2018 on the ground that the same is in contravention of the Rule 15 of the J. & K. Reservation Rules, 2005. The petitioner also seeks a writ of mandamus to allocate one seat of MD either in the discipline of Anaesthesia or any other clinical discipline out of various seats/disciplines having become vacant due to any reason to the petitioner in view of his merit position as well as being the member of the RBA category in the future round of counseling to be held on 10.05.2018, 11.05.2018 & 13/05/2018.

(2.) Facts giving rise to the filing of this writ petition briefly stated are that in the month of October, 2017, National Board of Examination, New Delhi issued a notification for admission for MD/MS/graduate diploma courses, 2018. The National Eligibility Entrance Test/Post Graduation is the eligibility-cum-rank examination which is prescribed as the single entrance examination for admission to various post-graduation courses as per Section 10(D) of the Indian Medical Council Act. The last date of submission of on-line application form from 31.10.2017 to 27.11.2017 and the date for examination was scheduled to be held on 07.01.2018. The results were declared on 31.01.2018. The petitioner admittedly belongs to RBA category and applied for admission to MD/MS and Post Graduate Diploma Courses under the aforesaid category by submitting her application on-line. The petitioner appeared in the entrance examination and the results were declared on 23.01.2018. As per the result card issued to the petitioner, he has been awarded 377 marks and as per the notification issued by Board of Professional Entrance Examination, in the State rank, the name of the petitioner appears at Serial No.748. The respondents 2 to 4 thereafter held that the first round of counselling online, the result thereof was declared vide notification No.28-BOPEE dated 01.05.2018. Since the preference given by the petitioner was not available. However, result of the first round of counseling was declared vide notification No.28-BOPEE of 2018 dated 01.05.2018. The respondents 2 to 4 thereafter issued another notification dated 05.05.2018 directing holding of 2nd round of counselling for allotment of discipline manually by interaction with the candidates, instead of on-line on the ground of internet disturbances. The 2nd round of counselling was held on 07.05.2018 and the result of the same was declared on 07.05.2018 itself. It is the case of the petitioner that in the 2nd round of counselling, a candidate, namely, respondent No. 5 who having the merit rank of 752 has been allotted the seat of MD Anaesthesia in Government Medical College, Srinagar, whereas the petitioner have merit rank of 748 was denied/deprived of allotment of the seat.

(3.) It is averred in the writ petition that the allotment has been made in contravention of Rule 15 of the J. & K. Reservation Rules, 2005 for the Post-Graudate courses in MD/MS/M-Tech., Engineering and Agricultural Sciences and similar other post-graduate courses. It has also been stated that the seat in MD Anesthesia has been allotted to respondent No.5 in contravention of Rule 15 of the J. & K. Reservation Rules. It is also averred that one seat in MD Anaesthesia is yet to be filled up for which counselling is scheduled to be held on 11.05.2018. In the circumstances aforesaid, the petitioner has approached this Court.