M.Y.EQBAL,J. - (1.) IN this writ application the petitioner seeks mandamus directing the respondents to allow her to take admission in the first year of M.B.B.S. Course in the Rajendra Institute of Medical Science. Ranchi for the Sessions 2004 -05.
(2.) PETITIONER 's case is that her father is in the police service in the Unified State of Bihar and presently posted as Inspector of Police at Patna. Petitioner appeared in the Entrance Examination and qualified for the preliminary test and also in the main examination and her position in the merit list is 43. Accordingly, call letter was issued for counseling. Petitioner appeared before the Counseling Board. But her admission was refused on the ground of non -resident of State of Jharkhand. It is contended by the petitioner that candidates upto 46 rank in the merit list got admission in Rajendra Institute of Medical Science, Ranch, and so she is also entitled to admission in the said Institution. A counter affidavit has been filed by respondent Nos. 3 and 4, namely, Controller of Examination, Jharkhand Combined Entrance Competitive Examination Board and the Counselling Board Jharkhand Combined Entrance Competitive Examination Board wherein it is stated that in the prospectus itself it was clarified that only those applicant can get admission who is native/permanent resident of Jharkhand State of or local resident of Jharkhand in terms of Circular No. 2691 dated 29.4.2002 or whose parent is an employee of United Nations Organisation and he/she is at present posted in Jharkhand, it is contended by the respondents that petitioner does not fulfill either of the criteria as native/permanent/local resident of Jharkhand State and admittedly, petitioner does not fulfill the criteria fixed in the Rules and therefore respondents have rightly denied admission of the petitioner.
(3.) I have heard Mr. Ashok Kumar Sinha, learned counsel for the petitioner and Mr. Saurav Arun, learned counsel for the respondents.;