JUDGEMENT
PRASENJIT MANDAL,J. -
(1.) THIS application is at the instance of an applicant aspiring for M.B.B.S. Course, 2012 and is filed for
issuance of a writ of mandamus directing the respondents to show
cause as to why the respondent no.1 has not filled up the M.B.B.S.
seats lying vacant in both the respondent no.s 3 & 4 and why the
said seat shall not be allotted in favour of the petitioner as she
is a desirous and meritorious candidate among the successful
candidates and other consequential reliefs.
(2.) THE petitioner's rank in the Joint Entrance Examination Board (Medical), 2012 was 1495. Counseling was held and she was
allotted a B.D.S. seat at Darjeeling. She was admitted to that
dental college, but, she came to know, under the provisions of the
R.T.I. Act, 2005, that two seats were still lying vacant at
Medinipur College and as such, the petitioner approached the
respondent no.1 for allotment of a vacant seat in her favour, but,
no reply was given by the respondent no.1. So, this application
has been preferred.
Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that it is not in dispute
that the petitioner's rank was 1495 in the said Joint Entrance
Examination Board (Medical), 2012 and that two seats were lying
vacant in the Medinipur College (M.B.B.S. Course) after admission.
Mr. Kajol Roy, learned Advocate appearing for the petitioner,
has contended that the petitioner is a meritorious student. In
spite of drawing attention to the respondent no.1, he did not
consider the case of the petitioner for being admitted to the
M.B.B.S. seat at Medinipur College and as such, the petitioner has
been compelled to file this application for a specific direction.
(3.) HE has contended before this Bench that so far as All India Quota 15% UG Medical and Dental Counseling Schedule-2012 is
concerned, the reporting at the Institution against the 3rd round
is from 5th to 14th September, 2012 and the last date of admission
for all Medical/Dental colleges shall be as per Medical Council of
India Schedule is on September 30, 2012. Though, the last date is
over, but such date is not sacrosanct and in appropriate cases,
such date may be relaxed.;
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