Arun Tandon - (1.) -On 14.9.2004 this Court granted time upto 23.9.2004 to the counsel appearing for respondent Nos. 1 and 2 to file counter-affidavit/seek instructions. On 23.9.2004, again the matter was adjourned to 28.9.2004. On 28.9.2004, the matter was directed to be taken up today.
(2.) HEARD Sri Rakesh Kumar on behalf of the petitioner and Sri Mahendra Pratap on behalf of respondent Nos. 1 and 2. No counter-affidavit has been filed on behalf of respondent Nos. 1 and 2. However, Sri Mahendra Pratap has received instructions and on the basis of the instructions so received he has made his submissions for justifying the action of the respondents. This Court is aware that in normal circumstances no interim orders granting provisional admission are to be passed in view of the law laid down by the' High Court as well as by the Hon'ble Supreme Court. However, the Court cannot lose sight of the fact that in the facts of the present case if interim orders are not passed the present writ petition is liable to be rendered infructuous, inasmuch as under the guidelines issued by the Medical Council of India following the directions of the Hon'ble Supreme Court admission to MBBS Course must necessarily come to an end by tomorrow, i.e., 30th September, 2004, meaning thereby that if no orders are passed in favour of the petitioner and even if she ultimately succeeds in the petition, she would not be able to get admission. In such circumstances this Court is proceeding to consider the application for interim relief (C.M. Application No. 161701 of 2004) for granting provisional admission to the petitioner. It is not in dispute between the parties that the petitioner has appeared in the entrance examination conducted by Chaudhary Charan Singh University for admission to MBBS course in various medical colleges in the State of Uttar Pradesh. It is also not in dispute that the petitioner is a female and belongs to Other Backward Category (for short OBC). According to the merit which was prepared in pursuance of the aforesaid entrance examination the petitioner has secured the following rank : (1) Over all rank (general) = 808 (2) Rank in OBC category = 338 (3) Rank in Female category = 232
(3.) ACCORDING to the notice published by the Director General, Medical Education and Training, U. P., Lucknow, dated 8.7.2004 the candidates who have secured various ranks in pursuance of the aforesaid entrance examination were invited for registration and counselling. It would be worthwhile to refer to the notice so published by the Director General Medical Education and Training, U. P., Lucknow, the relevant portion whereof is as follows : ...[VERNACULAR TEXT OMMITED]... From the aforesaid notice it is apparently clear that the rank achieved by the petitioner in the aforesaid entrance examination finds mention against the dates mentioned in the first column of the notice, i.e., dates 10.7.2004, 11.7.2004 and 12.7.2004 in view of her over all rank, against item Nos. 4 and 5, i.e., 13.7.2004 and 14.7.2004 on the basis of the rank achieved by the petitioner as OBC candidate and lastly against item No. 6, bearing date 15.7.2004, i.e., '08 Mahila' having regard to the rank secured as female candidate. In pursuance of the aforesaid notice the petitioner admittedly appeared for counselling at RALC, Daliganj, Lucknow on 15.7.2004. The petitioner has been refused admission by the respondents on the ground that she was required to get herself registered for counselling on 11th, 12th and 13th July, 2004, having regard to her over all rank and in any case on 14th July, 2004, having regard to the' rank achieved by her in OBC category.;