JASBIR SINGH DHANDA Vs. DEAN MAHATMA GANDHI INSTITUTE OF MEDICAL SCIENCES SEVAGRAM MAHARASHTRA
LAWS(SC)-1990-11-73
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on November 14,1990

JASBIR SINGH DHANDA Appellant
VERSUS
DEAN,MAHATMA GANDHI INSTITUTE OF MEDICAL SCIENCES,SEVAGRAM,MAHARASHTRA Respondents

JUDGEMENT

Sharma, J. - (1.)The petitioner applied for admission to the medical course in Mahatma Gandhi Institute of Medical Sciences, Sevagram and was included in the list of successful candidates on the basis of merit. He, however, could not report at the Institution in time for getting his admission and respondent No. 4 who was lower in merit was admitted. By the time the petitioner reached the College, there was no vacancy. His request for being accommodated was turned down by the authorities and he has, therefore, filed the present application for necessary relief.
(2.)The Institute in question is in the State of Maharashtra and the petitioner is a resident of a village in Haryana. Out of the total 64 seats, 4 have been reserved for candidates belonging to rural area from any part of the country other than the State of Maharashtra, and in that category the petitioner's name was third in order of merit. In his absence the 4th seat which remained unfilled was allotted to the respondent No. 4 who is also a student from a rural area in Haryana. According to the case of the petitioner, a letter dated 19-7-1990 was sent from the office to the Dean to his village address asking him to take his admission by the 25th of July. The letter, however, reached him on the 4th of August, 1990 and he sent an express telegram on the very next date, that is, the 5th of August, 1990 stating that he would be reaching on the 7th August. By the time he reported at Sevagram, the respondent No. 4 had already been admitted.
(3.)Mr. Mukhoty, the learned counsel for the petitioner, has contended that having regard to the state of postal service in the country it cannot be expected that a letter posted in Sevagram on the 19th or 20th of July would be duly delivered in a village in Haryana in time for the student to proceed and reach Sevagram by the 25th of July. The procedure adopted by the authorities, therefore, amounted to a denial to the petitioner of his right of getting admission on the basis of his merit.
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