MINARVA DASH Vs. DIRECTOR OF AYUSH

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to issue a writ of mandamus directing opposite party no. 1 -Director of Ayush, Government of Odisha, Bhubaneswar to allow the petitioner to take admission in Bachelor of Ayurvedic Medicine and Surgery Course (for short 'BAMS') either at Gopabandhu Ayurvedic Mahavidyalaya, Puri or KATS Ayurvedic College, Ankushpur, Ganjam.

(2.) PETITIONER 's case in a nut shell is that the petitioner has secured 1st Class in H.S.C. Examination and 2nd Class in +2 Science Examination. As per the terms and conditions enumerated in the advertisement of OJEE, 2013, she has secured more than 50% of marks in Physics, Chemistry and Biology. She was qualified in the Joint Entrance Examination Odisha (OJEE) 2013 in BAMS Stream holding Rank No. 5321 for the academic year 2013 -2014. The Chairman, OJEE, 2013 issued a notification/ advertisement with regard to vacancy counselling for admission to BAMS and BHMS Courses on the basis of revised merit list fixing the date for appearance of the rank holders on 26.11.2013. On 12.11.2013, there was a natural calamity on account of heavy cyclone (Phailine) and Krushna Prasad Block, to which the petitioner belongs, was seriously affected/devastated and cut off from other parts of the State. Apart from that, there was also no supply of water, electricity and availability of telephone/internet facility until 5.12.2013 for which reason the petitioner was not able to appear for the OJEE Counselling, which was held on 26.11.2013. Thus, the petitioner has been deprived of taking admission to the college despite having requisite qualification and securing good rank. The petitioner made representations ventilating her grievances to opposite party No.1 -Director of Ayush on 28.11.2013 and to the Minister, Health and Family Welfare on 03.12.2013 with a request to allow her to take admission in BAMS Stream as two seats were lying vacant at the Gopabandhu Ayurvedic Mahavidyalaya, Puri and also one seat was lying vacant at KATS Aurvedic College, Ankushpur, Ganjam, but no action having been taken on her representations, she has approached this Court in the present writ petition seeking the above relief.

(3.) MR . Palit, learned counsel appearing on behalf of opposite party no. 2 -Chairman, OJEE submitted that after counselling for admission in BHMS stream, the OJEE further published for a vacancy round of counselling for the vacant seats, which remained vacant as per the Government letter dated 11.11.2013. The said notification was published in the newspapers, wherein it has been mentioned that a Centralized Vacancy Counselling in BHMS and BAMS Stream is planned to be conducted tentatively for two days during 24 -25 of November, 2013 and accordingly, an advertisement was published in the newspapers fixing the date of counselling on 25th and 26th of November, 2013 for different categories in a particular scheduled time mentioned therein. The cut -off date of admission is 31st October for each academic year for UG and PG Courses in Ayurved, Unani and Siddha (ASU) Medical Colleges, but in the current academic session 2013 -14, the Central Council for Indian Medicines vide its notification implemented a new minimum standard for ASU Colleges. As per the policy decision taken by the Central Government, the admission in the said stream/category could not be completed during the stipulated time. For that reason, the Government of Odisha requested to the IMCC (Central Council for Indian Medicines) for extending the cut -off date of admission. On request of the State Government, the Under Secretary to Government of India requested the Central Council of Indian Medicines for extension of the cut -off date for completion of the process of admission of the students in Ayurved, Unani and Siddha Medical Colleges and the cut -off date was extended till 30th November, 2013. Thereafter, a notification was published by the OJEE for Vacancy Round Counselling on 25th and 26th November, 2013, through due process and merit based centralized counselling. On the aforesaid date, the present petitioner did not turn up for counselling and the counselling was already over on 26.11.2013. After the cut -off date, admission is not permissible and if any admission is given after the cut -off date, the same is illegal and not recognized by the Central Council of Indian Medicine.