GITIKA SHANKAR MISHRA Vs. STATE OF C.G.
LAWS(CHH)-2003-11-4
HIGH COURT OF CHHATTISGARH
Decided on November 21,2003

Gitika Shankar Mishra Appellant
VERSUS
STATE OF C.G. Respondents


Referred Judgements :-

MEDICAL COUNCIL OF INDIA VS. MADHU SINGH [REFERRED TO]
HARISH VERMA VS. AJAY SRIVASTAVA [REFERRED TO]


JUDGEMENT

L.C.BHADOO, J. - (1.)BY this writ petition under Articles 226/227 of the Constitution of India, the petitioner has challenged the legality, validity, propriety, and correctness of the order Annexure P/1 whereby the respondents No. 2 and 3 have rejected the petitioner's representation and have refused to grant admission to the petitioner in the 1st year's MBBS course in Chhattisgarh Institute of Medical Sciences (CIMS) for the Academic year 2003-2004 commencing from month of February 2004.
(2.)THE facts leading to filing of this petition as mentioned in the petition are that the petitioner had appeared in the Pre-Medical entrance Test (PMT) against the Freedom Fighter Quota and she secured 8th position in that quota. The counseling for admissions began on 24th September 2003 and after counseling one payment seat from the freedom fighter category remained vacant as out of five candidates, only one candidate Ku. Priyangini Pandey got admission in the Medical College, Raipur at Srl. No. 2 Ku. Suman Gupta got admission in the CIMS Bilaspur and the candidate at Srl. No. 3 got admission in the dental College Raipur. The Candidate at Sri. No. 4 Ravi Kamal Mahobia did not appear in the counseling as he had already got admission in Dental College Raipur. Again on 27th September 2003 a notice for the remaining vacant seats was published vide Annexure P/4 in various news papers to the effect that the second counseling for management quota seats shall be held on 28th and 29th September 2003 from 9 a.m. onwards. In this notice serial numbers and various categories were mentioned to show up to which serial number the students had already been invited for counseling and up to which serial number candidates have been exhausted. However, there was no mention about the merit serial number or the marks secured by the last candidate of the Freedom Fighter Category who was invited for the First counseling even though in the first part it was mentioned that one seat of Freedom Fighter quota was available. It has been mentioned in the petition that the said notice published in the newspaper itself was vague, faulty and misleading and it was deliberately couched in such a manner that the candidates of Freedom Fighter Category can not become aware of the exact position. The petitioner was invited by the Medical College Raipur for Dental seat and by Rajnandgaon College even though her position was at Sri. No. 8 in the overall merit list. But the CIMS did not send letter for counseling in the manner as was adopted by Raipur and Rajnandgaon Dental Medical College that on 29-9-2003 the petitioner's father appeared during the course of counseling and submitted a representation Annexure - P/5 which was recommended by the Education Minister as well as Health Secretary. The petitioner's father also submitted a representation to the Vice Chancellor and the Dean who is also the Chairman of the Selection Committee of CIMS on 30-9-2003 vide Annexure P/7. But in spite of that the Freedom Fighter Category seat was converted into the General Category seat which is in violation of the rights of the petitioner's daughter. The father of the petitioner prayed that the admission granted to the respondent No. 5 after converting the seat of Freedom Fighter Category into the General category be cancelled and a representation to that effect Annexure P/8 was filed, but in spite of the issue raised by the father of the petitioner within time bifore the Counseling Committee even then injustice has been done to the petitioner. The father of the petitioner sent another representation to the Vice Chancellor on 1-10-03 vide Annexure P/9 but was of no avail. In the meantime, the petitioner made rigorous and frenetic efforts before various authorities, Vice Chancellor, Dean, Health Secretary and also to the Health Minister and ultimately on 30th September 2003 the State Government acceded the petitioner's request and after considering the representation, a communication was sent to the Vice Chancellor of Guru Ghasidas University, Bilaspur vide Annexure P/10, copy of the same was sent to the Registrar of the University and Dean of the CIMS, in which it has been mentioned that without following the prescribed procedure the Freedom Fighter quota's seat has been converted into the General Category seat which could only be done on 30thSeptember but not before. The respondents could have done this only when the Freedom Fighter quota's students were not available but in the present case the respondents hastily took action, converted the Freedom Fighter quota's seat into the General quota seat, and gave admission to the Respondent No. 5 in an illegal and unjustified manner. The students who were at merit serial No. 6 and 7 namely Ashish Kamavisdar and Hemendra Kumar verma had already submitted their representation that because of their financial position they j may not seek admission in the management seat by paying the annual fees of Rs. 2.5 lacs. It has been prayed in the petition that the respondents may be directed to grant admission to the petitioner in the first year against the management quota seat of freedom fighter category and the order of the respondents converting the freedom fighter quota seat be declared illegal and void.
The return has been filed on behalf of the State respondent's No. 1 and 4 and they have supported the case of the petitioner.

(3.)THE Return has also been filed on behalf of the Respondents No. 2 and 3. In the return they have submitted that in order to adhere the guidelines issued by the Medical Council of India that all the admissions are to be closed by 30th September, 2003 and as the First Counseling was over on 25th September 2003 and thereafter the Admission Committee in order to adhere the schedule fixed by the Medical Council of India i.e. the admissions are to be given by 30th September 2003 only, took a decision to inform the candidates by publishing a notice in the newspaper in order to fill up the remaining vacant seats looking to the short time available with them for inviting the eligible candidates for second counseling on 28th and 29th September 2003. In compliance of that decision of the Admission Committee the Dean issued the notice in various newspapers like Navbharat, Dainik Bhaskar, and Hari Bhoomi on 27-7-2003 inviting the students to appear for second counseling on 28th and 29th September 2003. All these news papers are widely circulated newspapers and as there was no other mode available to the Admission Committee to invite the students within such a short period, therefore this method was adopted to invite all the eligible students. Therefore, no illegality or irregularity had been committed on the part of the respondents and it has been specifically denied that the petitioner's father approached the Admission Committee during the time of counseling on 29-9-2003. On the contrary a fax was received on 29th September 2003 at 18.31 hrs. in the evening but by that time every thing was over and since no freedom fighter candidate was available, the seat was converted into the General category and admission was given to the candidate who has been arrayed in this petition as Respondent No. 5.


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