PARAS RAM PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been directed for the issue of writ or direction to the respondents to interview the petitioner and grant him admission to M.B.B.S. Course.

(2.) The case for the petitioner is that he appeared in Pre-Medical Test for admission in the M.B.B.S. Course in June, 1997. He secured 859 marks and was placed in the reserve list. He was not called for interview. However, he came to know through his friends, who had secured less marks than the petitioner, that they had been interviewed on 4-11-1997. He therefore rushed to Jaipur and contacted the Principal. S.M.S. Medical College, Jaipur on 5-11-1997. He was told that as he did not appear in the interview on 4-11-1997 he could not be admitted to the course, it was further informed to him that a notice was published in the Rajasthan Patrika on 25-10-1997 to the effect that the candidates securing marks between 854 to 861 were to appear for interview on 4-11-1997. It is averred that the petitioner did not come across the notice published in the Rajasthan Patrika dated 25-10-1997 or any other date and he waited for the call letter in view of the instructions published in the Pre-Medical Test, 1997 Information Booklet but he was not called for interview. It is further averred that the candidates are called for interview only to check their original documents and no marks are given in the interview and therefore even on 5-11-1997 when the petitioner appeared he could be interviewed. According to the petitioner it is a case of hostile discrimination practised against the petitioner and the action of the respondents is arbitrary, discriminatory, unfair and unreasonable.

(3.) In the return it is averred that interview letters were sent to all the candidates including the petitioner and also notices for calling the candidates, who had secured the marks between 854 to 861, to appear for interview on 4-11-1997, were published in the daily newspaper Rajasthan Patrika dated 24th, 25th and 26th October, 1997, but the petitioner did not appear for interview and therefore he has lost his right of admission. It is further averred that the seats have been filled and no seat is lying vacant as to consider the case of petitioner.