STATE OF RAJASTHAN Vs. WASIM AKRAM

JUDGEMENT

(1.) The present appeals arise from order dated 17.08.2015 in S.B.Civil Writ Petition No.15287/2013 and analogous petitions. Disposing the writ applications, holding that independent counselling could not have been done for admission in the MBBS course 2013-2014, in the private medical colleges/universities the Learned Single Judge has directed fixation of responsibility against the concerned officials in an inquiry, drawing up of departmental proceedings awarding compensation of Rs.1,00,000/- to the two private respondents and to recover the same from the erring officials placing reliance on an order in SLP 988-2015 Special Appeal (W) & Other connected matters (Civil) No.31900/2013; Krina Ajay Shah & Ors. versus The Secretary, Association of Management of Unaided Private Medical & Dental Colleges, Maharashtra & Ors. Learned Advocate General ; PA Inamdar & Ors. versus State of Maharashtra & Ors, 2005 6 SCC 537. it was opined that it would be advisable to hold centralised counselling. No specific mandamus to that effect was issued. In any event of the matter, the Learned Single Judge has himself held that there was confusion in the matter and lack of clarity with regard to one window counselling and even the instructions and booklets in this regard were not clear. The further finding is that there was no material on record to suggest any malafides or connivance. No directions for inquiry, fixation of responsibility and award of compensation was warranted in the facts and circumstances of the case. Respondent No.1 in D.B.Civil Special Appeal (W) No.988/2015 was not even a candidate for admission to a private medical college.

(2.) Learned Counsel for respondent No.1 in Appeal Nos.983/2015 and 1041/2015 submitted that they are not interested in the costs awarded to them and waive it. But the direction for fixation of responsibility and holding of an inquiry with regard to the State Officials who may have connived and acted 988-2015 Special Appeal (W) & Other connected matters malafide need not to be restrained as then only future counselling would be held in a centralised manner and the law as observed in PA Inamdar & Ors. shall be followed. The Single Judge has aptly relied upon Krina Ajay Shah awarding compensation as public law damages.

(3.) Learned Counsel for respondent No.1 in Appeal No.1042/2015 with reference to a Government letter dated 23.04.2010 submitted that the State itself had written to the Principal of the Geetanjali Private College that they were not authorised to hold individual counselling. Reliance was further sought to be placed on certain file notings that the state authorities were conscious of the requirement not to permit separate counselling by the private colleges and therefore the direction for inquiry called for no interference.