PRIYANKA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ganesh Prasad Singh, learned senior counsel for the petitioner, Mr. P.K. Shahi, learned counsel for respondent nos. 3 and 4 and JC to AAG 2 for respondent nos. 1 and 2.

(2.) BY this writ application, the petitioner has prayed for issuance of a direction upon the respondents to admit her in MBBS course from Bihar Combined Competitive Examination, 2001 (hereinafter to be referred to as 'Board ') against the seat reserved for girls (hereinafter to be referred to as 'RCG ').

(3.) LEARNED counsel appearing on behalf of the petitioner submitted that the result of RCG category was published meritwise and 89 candidates were selected. Out of them, 54 candidates, who opted for RCG and BC categories, were counted as general category and 13 candidates, who were also of RCG category, got admission of their choice as against the other vacancies and 8 candidates out of RCG category also got admission in the institutions of their choice in EBC category. Thus, RCG category candidates, who were up to serial no. 75, were admitted either in general category or in BC category or in EBC category. However, the authorities were obliged to treat the remaining candidates of RCG category in merit right from 76 onwards and their seats cannot be filled up by taking a fresh candidate. Learned counsel further submitted that the authorities, however, treating the vacancies again sent an intimation to the petitioner for her counselling on 22.12.2001. However, the petitioner could not appear for counselling on the date fixed, as she was ill though a prayer was made before the authority by the petitioner to extend the date of counselling, but, somehow or the other, she was not called for again for counselling.