- (1.) This writ petition is for interference to enable petitioner to obtain admission in on-going current academic year course study of M.B.B.S. degree. It was filed on 30th August, 2018 and moved on that date citing urgency. The petition was moved on basis that 10 seats were not disclosed in manual counselling to be held next day being cut off date for admission to the course. The University informed Court, those 10 seats were Government of India nominees seats, could not be disclosed in counselling and admission process. Nominees for those seats could come in the next day being cut off date. Medical Council of India had informed Court, Government of India, Department of Health and Family Welfare was the authority who could shed light on these 10 seats and nominees. Said authority was added as party respondent at instance of Court and directions made to allow petitioner to participate in college round counselling at Burdwan Medical College by adding her to list of candidates prepared by State. This direction was made since Court was told that there were vacant seats.
(2.) The writ petition thereafter received attention of Court on 12th October, 2018 when on behalf of petitioner copy of letter dated 30th August, 2018 from B.S. Medical College, Bankura (Government College) to D.M.E. and E.O.S., Government of West Bengal, Department of Health and Family Welfare was handed up and last paragraph in it relied upon as extracted below: "However, after closure of online surrender, one candidate who took admission through All India Quota has resigned himself through off-line on 23.08.18 with penalty money as per Existing Rules. The copy of release order has been sent through speed post to the concerned authorities." Petitioner's contention is there was non-disclosure of this one seat which satisfies test of arbitrariness and reliance was placed on my judgment dated 26th June, 2018 in Dr. Paban Mandal Vs. West Bengal University of Health Sciences and Ors (W.P.7040 (W) of 2018) for interference. Record in order of that date is, Mr. Mukherjee, learned advocate, Additional Government Pleader appeared on behalf of State and took adjournment for obtaining instructions. The University had submitted, this surrender vacancy was not informed to it before cut off date for it to be disclosed. B.S. Medical College, Bankura was also added as party respondent at instance of Court requiring it to explain its conduct. The college though served chose not to be represented. In circumstances of incomplete position on facts achieved, awaiting, inter alia, addition of said college as party respondent and ensuing annual vacation of Court, there was direction in said order for writ petition to be listed at the top of first day's vacation list before learned Judge having determination. Order sheet reveals that on 26th October, 2018 and 5th November, 2018 (two Vacation Bench days) respective following orders were made. Order dated 26th October, 2018 "Place the matter before the appropriate Bench on November 5, 2018." Order dated 5th November, 2018 This matter was passed over in the first call on the ground of the learned Additional Solicitor General. Thereafter, the matter was called once at 1:15 PM and also on 2 P.M. but, no one appeared on behalf of the petitioner.
(3.) Let the matter appear before the regular Bench." On 4th December, 2018 this writ petition next received attention of this regular Bench. Following extract from order made that day will be relevant here. "Mr. Sanyal, learned advocate appears on behalf of petitioner and presses for hearing. He submits, there are two seats vacant under State quota, at least one of which was not disclosed by the College, which has chosen to go un-represented inspite of service demonstrated by affidavit of service filed by him today. Mr. Roy, learned advocate appears on behalf of the University and confirms two seats are vacant in Bankura Sammilani Medical College and Hospital. Mr. Roy submits, disclosure of vacancy on surrender was as on 23rd August, 2018. Disclosure of the seat, as available to be filled up by admission on counseling, was responsibility of State. Mr. Bari, learned advocate appears on behalf of State and submits, College did not inform vacancy arising on surrender prior to cut off date 31st August, 2018." Today the writ petition has been heard for disposal. Mr. Sanyal, learned advocate appears on behalf of petitioner refers to paragraph 13 of the writ petition to submit, his client is seeking admission and is before Court for relief. Paragraph 13 is reproduced below :- "13. On meticulously perusing through the and comparing the seat allotment result and the seat matrix for the Mop up round of counseling the petitioner discovered that several seats lying vacant were undisclosed in seat matrix for the Mop-up round of counseling. The respondents failed to consider the vacant seats that reverted from the All India Quota to the State Quota.";