- (1.) The petitioner seeks a direction for regularization of admission and for issuance of roll number for the 1st year examination of ANM (Auxiliary Nurse & Midwives) Course which was scheduled to be held on 26.10.2015. The pleaded case of the petitioner is that she was studying in the said course with the respondent No.3-college, who has chosen not to appear and has been proceeded against ex parte. She had taken admission on 30.10.2014 on account of a student having left the course. Registration fee was sent to respondent No.1 on 12.11.2014 in the shape of demand draft of Rs. 1,000/- by the college (Annexures P-1 to P-3) alongwith the admission form. Further reliance was placed upon the merit list (Annexure P-4) of the college in which her name figured. It is her case that she had duly attended all the classes, successfully appeared and passed the examinations of the respondent-college. Copy of the attendance registers was also enclosed as Annexure P-5. It was further averred that the petitioner belongs to a poor family and is a Schedule Caste candidate. This fact has also been mentioned in the application form (Annexure P-8), which shows that she is a Schedule Caste candidate.
(2.) On 11.07.2015 the form of the students of the ANM Course with respondent No.1 was submitted for permission to appear in the examination (Annexures P-7 and P-8). The exams were scheduled in September, 2015, as per the notice dated 24.09.2015 (Annexure P-9). On 28.09.2015, the respondent-college had submitted the form of all the students, who were appearing in the October, 2015 examination. However, it came to the notice of the petitioner that her form was rejected and her roll number was not being issued, since the cut-off-date was 30.10.2014 and her form had been sent, thereafter on 11.11.2014. It is her case that as per the notification of the Government, submission of admission form could be made by 15.11.2014. Resultantly, she approached this Court and vide interim order dated 21.10.2015, she was provisionally allowed to appear in the said examination, subject to the final decision of the case. Respondents No.1 and 2 in their reply have taken the plea that whether the petitioner had taken admission in the said course on 30.10.2014 is not in their knowledge. The registration form on 12.11.2014 was not received. There was no acknowledgement of having received Annexure P-1. However, the demand draft dated 11.11.2014 which was mentioned in the said letter having been received was admitted. Similarly, the averments that the merit list signed by respondent No.3 was not received in the office of respondent No.1 and was not available by the council in the office of respondent No.1, was made. It has been specifically averred by the council that vide letter dated 14.10.2014, 30 admission forms of ANM students, who had been admitted in the college on 01.09.2014 had been given alongwith the demand draft. The merit list Annexure R-1/1 to Annexure R-1/4 had been received vide the said letters. The respondent No.1 had displayed all the names of the students on the website of the PNRC in the month of April, 2015 whose names have been recommended by the respondent No.3 to respondent No.1. The said list is attached as Annexure R-1/5.
(3.) The petitioner having attended the class of respondent No.3 and the declaration of the exam did not bind the answer respondent in any manner. The name of the petitioner had never figured in the list Annexure R-1/3 to Annexure R-1/4 and, therefore, the petitioner had not taken admission in the college-respondent No.3, as her name did not figure in the said list. The question of issuing roll number, thus, did not arise, as her name did not figure in the record of the council. On the basis of the said pleadings, counsel for the petitioner has referred to the attendance register to show that she had been attending classes from 30.10.2014 and, therefore, was entitled for the confirmation of the interim protection and to complete her course.;