RAJVEER SINGH Vs. CONVENER

JUDGEMENT

(1.) -The petitioner appeared for the Pre Medical Entrance Test held in the year 2000 and qualified for a seat for admission into the BDS course. A letter was issued to him by the respondent No. 1-SMS Medical College, Jaipur under certificate of posting informing him that he has to report for interview and admission on 24th October 2000. In addition to this information a notice was widely published in all important newspapers regarding the date of interview and admission. The petitioner who is a resident of a remote rural area in the district of Jhunjhunu, did not come across the notice published in the newspaper and due to his ill-luck did not even receive the letter issued by the College prior to 24th Oct. , 2000, as a result of which he could not appear on the appointed date for the interview and admission. Consequently the respondents-authorities offered that seat to some other candidate who was lower in merit than the petitioner. The petitioner ultimately turned up for admission on 28th October 2000 and contacted the authorities that he had not received the letter informing him about the date of interview as he had not received the letter by that date and since he resides in a rural area, he could not notice the publication of the information in the newspaper also. However, no relief was granted to him by the respondents since the last date for appearing in the interview for admission had already passed. This gave a cause to the petitioner to move this court by filing this writ petition.

(2.) IT is no doubt true that the petitioner had qualified for a seat into the course of BDS but it is equally true that no fault can be found with the respondent authorities for denial of a seat to the petitioner, if the petitioner did not turn up for the interview and admission on the appointed date as under the Rules a candidate is not entitled to a registered notice in regard to his admission. However, the petitioner was duly sent a letter of communication regarding the appointed date under certificate of posting. The fact, however, still remains that the petitioner having qualified for a seat after appearing in a Competitive Test would really have to face a very hard situation if a seat is denied to him merely on account of the consequence of a situation which was beyond his control. The petitioner being a residents of a rural area where it is still common not to have a newspaper, a considerate and equitable view of the entire situation is the demand of the existing situation. Under the circumstances the petitioner is directed to approach the respondent-authorities for consideration of his admission as it has been brought to the notice to this court that counselling for the left over seats of the BDS Course is still to take place on 22nd and 23rd December 2000. The petitioner is directed to approach the authorities in this regard so that he may participate in the counselling for obtaining a seat as per his position in the merit list. The writ petition under the circumstances stands allowed and disposed of. .