TAPEN SEN, J. - (1.) IN this writ application the petitioner. Dinesh Kumar Agarwal has prayed for a direction upon the respondent to accept his admission in the M.B.B.S. Course at the Rajendra Medical College, Ranchi for the Session Starting from 2001. According to the Petitioner he had been selected in the Jharkhand Combined Entrance Competitive Examination. 2001 (J.C.E.C.E.) and his application was duly forwarded for Counselling but even thereafter, the principal of the said college refused admission on the ground that she does not fulfil the residential eligibility.
(2.) THIS case was heard at length and both Mr. K.K. Jhunjhunwala. Advocate and Mr. B.B. Sinha. learned G.A. argued and represented their respective clients. According to the Petitioner he was born on 03.02.1982 and he studied in St. Francis School. Harmu Housing Colony, Ranchi w.e.f. 05.04.1986 to 31.03.1998. He has relied upon the transfer certificate appended as Annexure -9 to the Supplementary Affidavit. The Petitioners further case is that he passed +2 Course (i.e. Class 11 and 12) from the Delhi Public School, Mathura Road, New Delhi, where his residential address was recorded as Murari Traders and Transporter, Jalan Road, Upper Bazar. Ranchi -834001 (Bihar). In support of the aforesaid contention the Petitioner has annexed Annexure -11 of the Counter -affidavit. In the progress report appended as Annexure -12, which is also issued by the Delhi Public School, Mathura Road, Delhi, his residential address has been shown as Hark Bhawan, Harmoo Road, Ranchi (Bihar) 834001.
(3.) THE petitioner states that in the mean time he appeared in the Entrance Examination conducted by the Board and, he was declared successful and was placed 18th in the General Category. The Petitioner states that he was also asked to appear before an interview/screening test before a Committee where all documents were verified and, thereafter having been selected, he was allotted a seat in the M.B.B.S. Course at the Rajendra Medical College, Ranchi for admission. But his admission was refused. According to the petitioner the Principal. Rajendra Medical College refused to take admission and orally asked the petitioner to produce Domicile Certificate/Native Certificate and made it clear that in the absence of this certificate admission cannot be taken. The Petitioner has drawn the attention of this Court to Annexure -4 which, according to him is the criteria which is being initiated upon by the Principal although it relates to one Laxmi Narayan. According to the Petitioner he submitted a residential certificate issued by the Sub -division Officer, Sadar. Ranchi. which certifies that his father had been a resident bf Harit Bhawan, Harmu Road, P.S. Sukhdeo Nagar. District -Ranchi, Jharkhand, for more than 10 years. The Petitioner states that thereafter he wrote a letter to the Principal on 19.12.2001 vide Annexure -6, but it has remained unattended. According to the petitioner his father has landed a property at Ranchi right from 1977 and in support thereof he has annexed a rent receipt vide Annexure -7.;