Sahidullah Munshi, J. - (1.) THIS writ petition has been filed challenging the manner of allotment of Institution in favour of respondent No. 4, added respondent. While throwing such challenge the writ petitioner has made the following prayer: - - "a) A Writ in the nature of mandamus commanding the respondent No. 2 herein to cancel and/or rescind and/or not to give any effect to the existing allotment of institution wrongly and erroneously made in favour of the candidate (having Roll No. 140124647) and make further fresh allotment in accordance with the said guideline. b) A Writ in the nature of mandamus commanding the respondent No. 2 herein to allot the option of the institution to the petitioner who is rightfully entitled to get the option of the institution arbitrarily provided to the candidate (having Roll No. 140124647). c) A Writ in the nature of mandamus commanding the concerned respondents to keep a seat vacant for the course in the preferred institution for the petitioner. d) A Writ in the nature of mandamus commanding the respondent No. 2 herein to take all necessary further steps to conclude the allotment procedure in accordance with law by providing the actual option of the institution to the petitioner forthwith. e) To pass an Ad -interim order by restraining the concerned respondent Nos. 1, 2 and 3 not to fill up the vacant seats against the institutions allotted and to make further allotment giving proper choice of institution to the petitioner. f) A Writ in the nature of certiorari directing the respondents and/or their men or agents and/or subordinates to produce the relevant documents before this Hon'ble Court so that after perusing the same conscionable justice may be administered; g) Rule Nisi in terms of Prayers (a), (b), (c), (d), (e) and (f) above; h) Costs and other incidentals thereto; i) And/or to pass such other or further or further order or order as Your Lordships may deem fit and proper."
(2.) BRIEFLY the case of the petitioner is that as an in -service doctor he appeared in the West Bengal Post -Graduate Medical Admission Test -2014 (hereinafter to be called the "said test") and secured a combined rank 73 and status rank 5 in the Scheduled Cast category. Upon his application being considered as a Government sponsored candidate for the purpose of counseling in the said test, the concerned respondent authority issued sponsorship for the said purpose. Pursuant to the said test an online counseling for 3 distinct rounds was conducted by the respondent No. 2 for allotment of seats and to that effect a guideline was also laid down. A few important instructions mentioned in the said guideline are as follows: i) Counseling will be carried out in 3 rounds, ii) Candidates, after successful registration, can submit their choices and revise them as many times as desired before locking. iii) Choices of Institutions and courses selected by the registered candidates would be processed at the end of 1st round of counseling and the candidates would be allotted seats in the order of merit as per reservation criteria and also as per availability of seats in an Institution. iv) There will be fresh choice submission by all eligible willing registered candidates in 3rd round of counseling and in that case, all earlier submitted choices will be treated as null and void. v) The allotted seats along with the category once exercised will not be changed in current round and the category will be fixed for further rounds. vi) Option -Candidates are authorized to exercise their choices according to their caste status. A reserved category candidate having 50 percentile and above will exercise choice both as unreserved category and reserved category and then he or she will be getting particulars of status of seat in both the reserved category and unreserved category. Particular candidate will be allotted seats in both categories but she or he is authorized to exercise option either of the two, once the process of getting seat either in the unreserved or reserved category is over. The candidate will continue to remain in the specified category of seats throughout the process of counseling. In no case, such candidates will be allowed to change their option during the process of online counseling. vii) Non -availability of SC/ST candidates, if any; If ST seat remains unfilled; It will be converted as seats for SC; If SC seat remains vacant, it will go in favour of ST and if after conversion SC/ST candidates are not available, unreserved candidates will fill up those seats. viii) Candidates can submit as many choices as desired in the order of individual preference from the list of available choices. ix) Candidates are permitted to change or re -order their choices, delete earlier submitted choices or add new choices any number of times through specific user interfaces till they lock their final choices. x) Regarding allotment of seat the general rule says - "It is proposed to carry out seat allotment in three rounds. In the first round, all the available seats as per eligibility would be offered to the candidates, who would be allotted seats as per their merit based on category on the choices submitted. In the second round upgradation of choices for those candidates who are admitted and opted for upgradation and fresh allotment for those candidates who have not got any seat in previous round would be considered and in third round, seats will be allotted against the available vacancies and also the virtual vacancies (resultant vacancies on account of upgradation of choices) generated during the allotment process due to upgradation, cancellation or conversion. As per the decision of WBMCC -PG, fresh set of seats gets added to the system which is due to latest approvals of State Government or MCI and, accordingly, the candidates are required to be shown all choices which are against vacant, newly added seats and also anticipated seat vacancies likely to get vacated during upgradation and also during the conversion of seats as per the following algorithm..." xi) There will not be any conversion of seats from OBC to unreserved . xii) The choices of candidates submitted during previous round would be initialized and treated as null and void. Candidates who have submitted willingness for participation in the 3rd round during the reporting period of the previous round are required to submit fresh choices online during the time when window is open for the same candidates who have not given any option for participation for the 3rd round counseling, would not be considered for choice submission. Those candidates, who could not secure any seat in any of the previous rounds, are required to submit fresh choices for the 3rd round as earlier submitted choices would be initialized. Accordingly, those candidates who could not submit fresh choices for the 3rd round of counseling, would not be considered for allotment." It is undisputed that both the petitioner and the respondent No. 4 are reserved category candidates having 50 percentile and above and can exercise choice both as unreserved category and reserved category. It is also undisputed that the petitioner's rank is lower than that of the respondent No. 4. The petitioner obtained 94.19 percentile. It is the grievance of the petitioner that, although, the respondent No. 4 exercised his choice as an unreserved category but subsequently, he was allotted SC category. It is the case of the writ petitioner that once the respondent No. 4 has been allotted UR (Unreserved) category. He cannot be allotted SC category. This conversion, according to the writ petitioner, is illegal and the choice of Institution thereby made, should be cancelled and if the choice of Institution is cancelled then as a next placed candidate the petitioner has a chance to get the admission. The respondent No. 4, added respondent, has filed an opposition and he submits that he has been selected for admission test of West Bengal Post -Graduate Medical Admission in 2014. The respondent No. 4 secured combined rank of 71 and status rank 4 and percentile obtained was 94.35 while the petitioner secured combined rank of 73 and status rank 5 and percentile was 94.19. The respondent No. 4, after qualifying in the said examination, submitted his allotment process through State quota online Post -Graduate Medical seats -first round. After submission of his allotment process, he was given choice of 12 Graduate Medical Seats in the first round and out of which he opted for Institute of Post Graduate Medical Education and Research with Diploma in Medical Radio Diagnosis. The respondent No. 4 was allotted with the professional allotment letter under the Institute of Post -Graduate Medical Education and Research for the course of Diploma in Medical Radio Diagnosis and after being given with the allotment process, the petitioner was informed that the Diploma seats like DMRD (Diploma in Medical Radio Diagnosis), DDVL and DA at IPGMER (Institute of Post Graduate Medical Education and Research) and subsequently found to be de -recognized by Medical Council of India (MCI). A copy of the de -recognition letter has also been annexed by the respondent No. 4 to his affidavit -in -opposition. Having regard to such position the respondent No. 4 had no option but to apply afresh in the 3rd round counseling and gave a fresh choice for category MD (Radio Diagnosis) and he was given professional allotment letter for the subject of MD (Radio Diagnosis) in Burdwan Medical College, Burdwan. The respondent No. 4 got admitted in Burdwan Medical College, Burdwan on 9.7.2014. It is the specific case of the respondent No. 4 that he had been selected at first in the post of diploma in radio diagnosis but subsequently, such course being de -recognized by the Medical Council of India he had no option but to avail the 3rd round afresh and was given admission in the subject of MD (Radio Diagnosis) in the University of Burdwan, Burdwan. The petitioner has alleged that in the earlier round since the respondent No. 4 was allotted the unreserved category there was no scope for him to again opt for Institution as SC category and he has made a prayer for cancellation of such allotment in favour of respondent No. 4 reason being that because of such conversion allowed to the respondent No. 4 the petitioner feels deprived because had such conversion not made available to the respondent No. 4 being the next in rank, the petitioner would have got the chance in the said Institution where the respondent No. 4 has got admission.
(3.) DURING hearing of this writ petition it was submitted by the writ petitioner that in view of the interim order passed on 16th July, 2014, the petitioner should be accommodated in the next academic session. The said interim order is quoted below: "Let affidavit of service filed be kept with the record. Learned counsel appearing for the petitioner is permitted to add the selected candidate as party respondent against whom the petitioner has made grievance in this writ petition. Writ petitioner would be given admission in the next academic sessions in the event he gets success in this proceedings. Let a copy be served upon the added respondent. Matter to appear two weeks hence under the heading "Listed Motion".";