ARINDAM SINHA,J. - (1.) Petitioner is a candidate who opted for and got allotment of a Bachelor of Dental Science (BDS) seat in Kusum Devi Sunderlal Dugar Jain Dental College and Hospital. This happened in manual round of counselling following two rounds of on-line counselling. In this context averments in paragraph 25 of the writ petition is reproduced below:- "25. The petitioner submits that the petitioner was more desirous of getting a seat in the MBBS College over the BDS and had such opportunity being extended to her considering her present rank, she shall be getting admission in any MBBS college under manual counseling."
(2.) Mr. Bhattacharya, learned advocate appearing on behalf of petitioner is clear in his submission, his client wants to study MBBS course. Having secured merit position in NEET UG - 2018, she participated in two rounds of on-line counselling and manual counselling where no seat for undertaking course study in MBBS degree was offered to her. At this stage she was offered BDS seat and she opted for it. As required she deposited fees in advance as well as her documents and executed bond undertaking to pay the college balance fees for entire academic period of course study in BDS. He refers to information published by West Bengal University of Health Sciences (WBUHS) regarding NEET -2018 Rules for Manual Counselling as conducted by the University. This information was uploaded in the server on 28th August, 2018 at 10:24:56 IST. Mr. Bhattacharya demonstrates from page 56, being the information disclosed, by analysis, his client was not rendered ineligible thereby. He submits, when this writ petition was sought to be moved but could not be moved, by reason of paucity of time, he had made this submission of his client being eligible for this manual counselling. He submits, this is second round of manual counselling pursuant to order dated 9th May, 2017 of Supreme Court in Writ Petition (Civil) 267 of 2017 (Dar-US-Slam Educational Trust and Ors. v. Medical Council of India and Ors.).
(3.) He hands up more information published by the University under the same heading and cause of the second round of manual counselling pursuant to said order by Supreme Court. This information was uploaded by the University at server time 15:56:56 IST. He demonstrates there is additional information specifically directed against his client as was there in earlier information published. This additional information as appearing from print downloaded and disclosed is reproduced below: " 4. Students holding BDS seats are eligible for MBBS college round, they will be eligible for further BDS round. List has been updated accordingly. (List of-Eligible-Candidates-College-Round. Pdf.)";