BIBEK CHAUDHURI,J. - (1.) The above-mentioned writ petitions are taken up for hearing together as the same facts and circumstances and points of law are involved and those are disposed of by a common judgement as hereunder:- The petitioner in W.P.A. 284 of 2021 appeared in the National Eligibility-cum- Entrance Test (Under Graduate), hereafter referred to as NEET (UG) held in the year 2019 as OBC candidate. The said examination was held on 5th May, 2019 and the result was published on 5th June, 2019. The petitioner secured All India Rank of 399588.
(2.) After the result being declared, the petitioner registered herself for the counseling process conducted by the respondent authorities under the West Bengal State Quota. The whole process of counseling and admission process was completed by 31st August, 2019 as per the time limit fixed by the Medical Council of India. The petitioner, however, failed to get admission in the M.B.B.S. course in the Medical Colleges despite the seats in different Medical Colleges including North Bengal Medical College lying vacant due to non-joining and/or surrender and those seats remained undisclosed. The petitioner came to know that several seats in the M.B.B.S. course are still lying vacant in the year 2019-20 in different Colleges under the West Bengal University of Health Sciences. She made representations before the respondent authorities on 19th August, 2019 and again on 30th September, 2019 praying for favourable consideration of her candidature for admission in any one of the vacant seats in MBBS Course, 2019-20. She also came to know that some students who obtained marks less than the petitioner was admitted even after cut off date of admission in MBBS Course by the order of this Court. She referred to four candidates who got admission in MBBS Course 2019- 20 after cut off date on the strength of the order passed by the Hon'ble High Court at Calcutta. The petitioner also relies upon an order dated 13th October, 2020 passed by the Division Bench of this Court in MAT No.1202 of 2019 (Kaunain Nawaz Raza Vs. Union of India and Ors.) by virtue of which the said K.N.Raza was admitted in MBBS Course of 2019-20 on 10th January, 2021. The petitioner came to know about such admission of the said K.N.Raza and made a further representation on 20th January, 2021 seeking admission on the ground that she is more meritorious than the said K.N.Raza. but her prayer was not adhered to.
(3.) Under the above facts, the petitioner has prayed for issuance of a writ of mandamus directing the respondents to grant admission to her in any of the undisclosed vacant seats in MBBS Course (2019-20) in any of the colleges under the respondent authorities and other consequential relief.;