Decided on October 20,1984

Vijay Ramawat Appellant


- (1.)THE admission of the following students to I M.B.B.S. Course were wrongly made because of bonafide clerical mistake. The names of the students did not appear in the admission list for M.B.B.S. Course. Therefore, the admission of these students made under order No. 1(3)C/No/JU/83/12668 -61 dated 7th November, 1983 Miss Asra Sayeed; No. F. 1(3)G/HC/JU/83 -84/12786 -68 dated 9 -11 -83 only Vijay Ramawat and No. F. 1(3)G/MC/JU/83/13345 -50 dated 25 -11 -83 Ashok Kumar Rathi is hereby cancelled with immediate effect and they can collect their fees.Int. No. Roll Name of candidate Father's name470 5387 Vijay Ramawat S.N. Ramawat471 5434 Asra Sayeed (Miss) S.M. Sayeed474 10124 Ashok Kumar Rathi P.D. RathiSd/ -Principal Controller Reliance in this connection was placed by the learned Counsel for the petitioner on Geeta Misra v. Utkal University AIR 1971 Ori. 276, K.R. Shivdatta v. Government Medical College AIR 1972 Mysore 135, Anil Kumar v. University of Allahabad : AIR1973All442 , Pritamdas v. State : AIR1975Ori155 , and Bundelkhand University v. Laxmi Narain Yadava AIR 1983 All. 378.
(2.)MR . A.K. Mathur, learned Additional Advocate General on behalf of the non -petitioners submitted that there was a mistake in admitting the petitioners and that mistake cannot be allowed to be perpetuated. According to the Rules the petitioners could not have been admitted and so non -petitioner No. 2 was right in cancelling their admissions. Learned Advocate General pressed that all admissions made were purely on the basis of marks obtained by the candidates and no candidate securing less than 235 marks could have been admitted in M.B.B.S. against general quota list and since the petitioners' total marks obtained by them were 234, they were not admitted. The candidates who had obtained 234 marks and marks obtained by them in Science subject in First Year IPC Course were also brought to my notice i.e. R/3 was referred.
I have considered the rival contentions of the learned Counsel for the petitioners as well as the learned Additional Advocate General. It appears from Ex. R. 2 dated October 11, 1983 which is issued for Convenor Admission Boaid and Principal and Controller that the petitioners along with other candidates who had secured 234 marks out of 400 marks in P.M.T. Examination were required to appear for interview on October 20, 1983. There is no order of admission in regard to the petitioners issued by the Convenor, Admission Board (Selection Board). A perusal of Ex. R. 1 shows that the Office Order showing that petitioner Vijay Ramawat who was provisionally selected for M.B.B.S. Course was found medically fit and as he had deposited the college fees he was directed to report himself to the Professor and Head of Department of Anatomy/Physiology Biochemistry and P.S.M. of the College immediately for further instructions to attend the regular classes. Reference was made to the office Order dated November 7, 1983 of Associated Hospitals Jodhpur. It is clear that the admission List in regard to the vacancies were issued from time to time. It appears from Anx. 1 that the names of the petitioners did not appear in the Admission List for M.B.B.S. Course which was issued by the Selection Board. It is not the case of the petitioners that the Convenor, Admission Board and Principal and Controller of Associated Group of Hospitals, Jaipur, had admitted the petitioners. The Principal, Dr. S.N. Medical College and the Associated Group of Hospitals, Jodhpur, issued orders for admission of each of the petitioners on different dates as is borne out from Anx. 1, representing them that they have been admitted. In these circumstances the question is whether the Principal of Dr. S.N. Medical College and the Controller of the Associated Group of Hospitals Jodhpur could cancel admission of the petitioners when he himself asked them and represented that they have been admitted to M.B.B.S. Course and asked them to deposit fees. It is clear from Ex. R. 4 that they were medically examined and found fit and were asked to attend the regular classes. Could he cancel their admissions by issuing Anx. 1 dated December 17, 1983?

(3.)THIS has necessitated to read Clauses 4(D), (E)(F) and (G) of the Rules. They are as follows:
(D)(1) The eligible candidates will be admitted in the order of merit for the general as well as reserved seats (excepting the seats belonging to category (a) and (c) of Rule 2 judged on the basis of marks secured at the Pre -Medical Test. (2) Candidates securing equal number of marks in the Pre -Medical Test will be admitted in the following order of preference - (i) One who had secured more marks in Science subject of 1st year examination of the Three Year Degree Course, or its equivalent examination. (ii) Among candidates securing equal number of marks in the 1st Year Examination of the Three Year Degree Course or its equivalent Exam, as also, those who have passed in lesser number of attempts will be given preference if there is a further tie, candidates securing more marks in Higher Secondary Examination or in its equivalent examination will be given preference. (E) Interview By Admission Board : Candidates eligible for admission shall be called for interview by the Principal Sawai Man Singh Medical College, Jaipur to appear before the Admission Board constituted by the State Government. Interviews will be taken in about 10 -15 days after the Pre -Medical Test result is declared. The list of candidates called for interview will be put on the notice Board of the SMS. Medical College, Jaipur three days before the date of interview. The candidates found unsuitable by the Admission Board will be rejected. (F) Allotment of place of study : The Admission Board after duly considering the place of residence and preference given by the candidate in his/her application shall allot selected candidates to the various medical Colleges at its discretion. (G) Medical Examination : A provisional list of candidates selected by the Admission Board will be put on the Notice Board of the S.M.S. Medical College Jaipur. No intimation will be given to the Candidates individually. All candidates provisionally selected will be examined by the Medical Board appointed by the Principal of the respective Medical College on the basis of criteria evolved for Medical Examination by the Principal regarding their general and physical fitness for medical studies. The candidates found unsuitable will be rejected. The decision of the Board in this respect will be final.

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