VIJAY RAMAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE admission of the following students to I M.B.B.S. Course were wrongly made because of bonafide clerical mistake. The names of the students did not appear in the admission list for M.B.B.S. Course. Therefore, the admission of these students made under order No. 1(3)C/No/JU/83/12668 -61 dated 7th November, 1983 Miss Asra Sayeed; No. F. 1(3)G/HC/JU/83 -84/12786 -68 dated 9 -11 -83 only Vijay Ramawat and No. F. 1(3)G/MC/JU/83/13345 -50 dated 25 -11 -83 Ashok Kumar Rathi is hereby cancelled with immediate effect and they can collect their fees.Int. No. Roll Name of candidate Father's name470 5387 Vijay Ramawat S.N. Ramawat471 5434 Asra Sayeed (Miss) S.M. Sayeed474 10124 Ashok Kumar Rathi P.D. RathiSd/ -Principal Controller Reliance in this connection was placed by the learned Counsel for the petitioner on Geeta Misra v. Utkal University AIR 1971 Ori. 276, K.R. Shivdatta v. Government Medical College AIR 1972 Mysore 135, Anil Kumar v. University of Allahabad : AIR1973All442 , Pritamdas v. State : AIR1975Ori155 , and Bundelkhand University v. Laxmi Narain Yadava AIR 1983 All. 378.

(2.) MR . A.K. Mathur, learned Additional Advocate General on behalf of the non -petitioners submitted that there was a mistake in admitting the petitioners and that mistake cannot be allowed to be perpetuated. According to the Rules the petitioners could not have been admitted and so non -petitioner No. 2 was right in cancelling their admissions. Learned Advocate General pressed that all admissions made were purely on the basis of marks obtained by the candidates and no candidate securing less than 235 marks could have been admitted in M.B.B.S. against general quota list and since the petitioners' total marks obtained by them were 234, they were not admitted. The candidates who had obtained 234 marks and marks obtained by them in Science subject in First Year IPC Course were also brought to my notice i.e. R/3 was referred.

(3.) THIS has necessitated to read Clauses 4(D), (E)(F) and (G) of the Rules. They are as follows: