SAJNA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed for issuing direction to the respondents to admit the petitioner in the A. N. M. Training Course (Mahila Swastiya Karyakarta Prashikshan) in OBC category in pursuance of the advertisement dated 27. 9. 2001.

(2.) THE facts and circumstances giving rise to this case are that the petitioner applied for admission in the said course in pursuance of the said advertisement dated 27. 9. 2001 (Annx. 1) in General Category though she belongs to OBC category. Subse-quently she was called for councilling vide letter dated 5. 1. 2002 (Annx. 6) on 22. 1. 2002, but was not admitted to the said course. Subsequently, she had been making representations to consider her candidature in OBC category as certain seats of that cate- gory were lying vacant. As the respondents did not pay any heed, hence this petition.

(3.) SAME view was reiterated in Dr. Pramod Kumar Joshi vs. Medical Council of India, (2), State of U. P. vs. Dr. Anupam Gupta (3) and Medical Council of India vs. Madhu Singh & Ors. (4), in which the Apex Court held that in order to maintain excellence it is not permissible to permit admission in the mind of academic session for the reason that the student could have no opportunity to study the full course to reach his excellence or come at par excellence. Admission in the mind term would disturb the course and also work as a handicap to the student himself to achieve the excellance.