M.Y. Eqbal, J. - (1.) IN this writ application the petitioner has prayed for issuance of a writ of mandamus commanding upon the respondents particularly respondent Nos. 2 and 3 to consider the case of the petitioner for admission in the Post Graduate Course i.e. M.D./M.S. on the basis of the merit list.
(2.) ON 17.07.2006 the matter was heard and this Court passed the following order: Heard the counsel for the parties. In the counter affidavit filed by the Officer on Special Duty ,Jharkhand Combined Competitive Examination Board, Govt. of Jharkhand, Ranchi , it is stated that they have acted strictly in terms of the direction of the Supreme Court and the schedule prescribed by the Supreme Court . From perusal o the schedule, a copy of which has been annexed as annexure B to the counter affidavit, it appears that the Supreme Court directed the second and last round, of counseling to be over by 26 May, 2006 and the last date of joining of the candidates on the allotted seats was fixed on 2nd June, 2006 and 20 June, 2006. The commencement of academic session was to be started by 15 June, 2006 but for the reasons best known to the respondents they held counseling on 29 and 30 June, 2006 and rejected the candidature of the petitioner on the ground of non -furnishing the caste certificate in a prescribed form. Prima facie, it appears that when the Supreme Court fixed the last date of admission on 30 June, 2006, the respondents purposely held counseling on 29 and 30 June, 2006 and rejected the case of the petitioner in order to accommodate another person. The officer who has sworn the affidavit is directed to Justify the action of the Board in doing so. List this case under the same heading on 19 August, 2006. Mr. Saurav Arun, learned Counsel appearing on behalf of the Examination Board submitted that after rejecting the candidature of the petitioner on 29 June, 2006 another candidate was admitted and all the seats have been filled up. It is, therefore, made clear that if the petitioner succeeds in the writ petition, then this Court may think of awarding compensatory cost as also compensation to the petitioner who shall have to loose not only one year but also in future prospect Pursuant to the aforesaid order an affidavit has been filed on 19.7.2006 in which it is stated that the counseling for the allotment of MD/MS/Diploma & MDS courses seats under 50% All India Quota -2006 has been postponed and an application has been filed before the Supreme Court praying for re -scheduling the dates of counseling both for All India and State Quota seats. It is stated that since the counseling process pertaining to State quota seats is linked with the All India Quota as per time schedule approved by the Supreme Court, the counseling process was directed to be taken up after receipt of further direction from the Health department. Accordingly, by letter dated 16.5.2006 the State Govt. communicated the time schedule for PGMAT, 2006 stating that the first round of counseling was to be over by 30.5.2006 and second round of counseling was to -be over latest by 13th June, 2006. It is also stated that the last date of admission against the vacancies arising due to any reason was 30.6.2006 and in this manner the counseling of the students is being managed as per direction of the State Govt. On 17.5.2006 programme was announced by advertisement categorically stating that caste certificate in the prescribed format issued by the D.C./S.D.O. in case of reserved category seat must be produced failing which the candidate will be declared unfit to be admitted. It is stated that under OBC category only 47 candidates were called for counseling as per the State quota and the petitioner was at serial No. 106 in the merit list and hence she was not entitled for admission. Counseling was held on 27.5.2006 and 28.5.2006 and recommendation of selected candidates were sent to RIMS. It is further stated that total state quota in the State of Jharkhand is 117. On 31.5.2006 the respondents cancelled the counseling held on 27th and 28th of May, 2006 as the Health department intimated the respondents 2 and 3 to stop the counseling and start fresh counseling on receipt of surrendered central quota seats. On 3.6.2006 these respondents informed the Secretary, Health, Medical Education & Family Welfare deptt, Jharkhand categorically stating that it was not possible to hold fresh counseling because the candidates who appeared on 27.5.2006 and 28.5.2006, their right will be infringed. In this way first counseling was recommended. It is further stated that on 9.6.2006 information regarding re -counseling programme was published on the basis of PGMAT.2006 and under OBC category the candidates up to serial Nos. 105 were called for counseling and even at that time the petitioner did not come under merit list as her rank was 106. After the above publication these respondents informed the Secretary, Health department that since the whole counseling was based on wrong calculation of seats, and since the first round of counseling has already been cancelled, any admission taken on the basis of that counseling is void ab -initio. The respondents have further stated that counseling was done on 13.6.2006 in all category including the category of the petitioner and till date the petitioner does not come in the merit list and so her claim cannot be entertained. Thereafter RIMS informed these respondents that since two candidates have not taken admission and so two seats are vacant. Again on the instruction of the State Govt. on 26.6.2006 second round of counseling was done in which the petitioner having come in the merit list appeared and became eligible for admission but she did not fulfil the prescribed criteria of the advertisement as her caste certificate was not in the prescribed format.
(3.) CONSIDERING the facts of the case narrated by the Health Secretary referred to hereinabove, I do not find any arbitrariness in holding counseling on 29 and 30 June, 2006. Besides the above, it appears that the respondents very categorically mentioned in the prospectus that caste certificate should be in prescribed format and, thereafter, the candidates were, time and again, asked to submit caste certificate in prescribed format.;