- (1.) The appellant, who was the petitioner in W. P. C. No. 4589 of 2003 approached this Court complaining that he had been denied admission to the First year M.B.B.S. course illegally and he has been deprived of the seat justifiably due to him based on the marks obtained by him in the Common Entrance Examinations.
(2.) On the basis of a duplicate admit card, the petitioner appeared in the examination and according to him, he secured rank No. 25. He thereafter, appeared for Counselling, as invited, but at the Counselling it was found that he did not have the residential certificate for 15 years, as required, and was, therefore, given time to produce such a certificate, that was on 3-9-2003. On his request, an additional day's time was granted to him to produce the certificate and he produced the certificate on 5-9-2003 but no admission slip was given to him that day. Next morning, he found a Newspaper report that an F.I.R. has been lodged against some 16 candidates, who were seeking admissions to the Medical Courses, for various Malpractices and his name was also found to be one among the 16. He was not given admission on that basis and this was illegal. He, therefore, approached this Court for relief.
(3.) The respondents contended that it was a case of suspected impersonation of the candidate at the entrance examination and sought to support the plea with reference to certain documents. They also pointed out that the F.I.R. has been lodged and prosecution has been initiated against several candidates, including the petitioner. They highlighted the circumstances, which prompted the authority concerned, to suspect foul play. The relevant documents were annexed with the counter-affidavit.;