- (1.) THE aforementioned Special Appeal has been filed against the judgment and order dated 15th May, 2014 passed by the learned Single Judge whereby the writ petition filed by the appellant claiming allotment of a seat of MBBS course in GSVM Medical College, Kanpur pursuant to her being declared successful having a State Rank of 1063, has been dismissed.
(2.) DRAPED in brevity, the facts of the case are that Chatrapati Shahu Ji Maharaj University, Kanpur issued an Information Brochure for CPMT Examination -2013. The petitioner being eligible applied and appeared in the examination. In the examination, she was declared successful and got a State Rank of 1063. After declaration of result, the petitioner got herself registered in the first counseling which commenced on 18.7.2013 and deposited the security money amounting to Rs. 5000/ -. It has been pointed out by the petitioner that in the first counseling, since the petitioner was registered, the entire original documents of the petitioner were seen and verified by the Counseling Board. Again, for the second counseling, the petitioner got herself registered, which took place on 23.9.2013. Again her original testimonials were checked and verified by the Counseling Board and since the petitioner was being offered a seat in a private medical college, the petitioner exercised the option 'not opted'. The Third Counseling took place on 30.9.3013, in which too the petitioner got herself registered.
(3.) ACCORDING to the petitioner five seats of general category were available in the MBBS course, i.e. two at GSVM Medical College, Kanpur, 2 at Lala Lajpat Rai Memorial Medical College, Meerut and one set at Rani Laxmi Bai Medical College, Jhansi. The grievance of the appellant is that as per merit she was entitled to be given a seat on account of higher merit but she has been deprived of her legitimate right only on the ground that she failed to produce her original documents at the time of third counselling. This action of the opposite parties , according to the appellant, is wholly unjustified and arbitrary as the candidates, lower in merit, having the State Rank of 1121 and 1130 have been allotted the seats in GSVM Medical College, Kanpur and the candidates, who have been allotted seats in Meerut and Jhansi, are also lower in merit.;