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1991 DIGILAW 314 (ORI)

DEBASIS KHADANGA v. STATE OF ORISSA

1991-08-16

ARIJIT PASAYAT, B.N.DASH

body1991
JUDGMENT : A. Pasayat, J. - Petitioner was an applicant for admission to the Post Graduate Courses in the three Medical Colleges of the State for the session 1991-92. He appeared at the Entrance Test for the purpose and claims to have secured more than the prescribed marks. Clause 10 1.1. provides that candidates not belonging to Scheduled Caste/Scheduled Tribe shall not be selected, and securing less than 50% .marks (600 out of 1200) at the Entrance Examination are not to be selected even if seats fall vacant. It is asserted that out of 85 seats meant for inservice Doctors in the three Medical Colleges, only 22 were filled up, because the rest applicants did not secure the requtsrte 50% marks stipulated in the prospectus Petitioner's prayer primarily is to release the balance 63 seats for being filled up by the candidates belonging to the general category. According to him, seats should be filled up by those who have secured more than 50% marks, but have not been able to get the seats in the general category. It is submitted that considering huge amounts spent by State Government for maintenance of the seats it would be collosal wastage of State exchequer if 63 seats are permitted to lie vacant, when there is a dearth of qualified Doctors in the country. 2. Learned counsel for State however, submits that 85 seats having been specifically ear-marked for the inservice Doctors, it is not permissible to make those seats open for being tilted up by the candidate belonging to the general category.. Reference is made to Clause 5 of the prospectus which reads as follows : "5. Availability of Seats and Reservations: 5. 1 The following seats are available : (a) Three year P. C. Course | Ref. 85 including One year R. H. S. | Statement-1 for direct Candidates. | (b) To year P. G. Course for | inservice Candidates. | 85. xx xx xx " 3. We have considered the rival submissions keeping in view observation of this Court in OJC No. 2734 of 1991 (Dr. Chandi Prasad Das v. State of Orissa and Ors.), disposed of on 9-8- 1991 to which one of us (Pasayat, J) was a member. 4. Reference may be made to the decision of the Supreme Court in Jeevak Almast Vs. Union of India (UOI) and Others. Chandi Prasad Das v. State of Orissa and Ors.), disposed of on 9-8- 1991 to which one of us (Pasayat, J) was a member. 4. Reference may be made to the decision of the Supreme Court in Jeevak Almast Vs. Union of India (UOI) and Others. It was observed that unfilled seats should not be allowed to be left, and every possible effort and steps should be taken to fill them up by making it open to persons qualified. Considering the huge expenses involved for imparting teaching in Post Graduate Courses and the insufficiency of qualified Doctors, any State much less a poor State like Orissi, cannot afford to allow any seat to fall vacant. 5. It is not in dispute that candidates who have secured more than 50% marks would have been eligible to get admission, had there been no reservation of a portion of the total available seats for the inservice Doctors. As directed by this Court in the case of Dr. Chandi Prasad Das's case (supra), the seats meant for inservice Doctors which have not been filled up should be made open to the general category of applicants who have appeared at the entrance test, and have got more than the requisite marks, Direction was given in the said case to take effective steps for filling up the seats on the basis of the respective merits of the petitioner and those in respect of whom directions have been given in different applications, and taking into codsideration the marks obtained by them in the entrance test and their preference indicated in the applications and availability of seats in that particular subject, Exercise in that regard has already begun as stated by the learned Government. Advocate and is to be completed within three weeks from 9-8-19J1 as directed by this Court. While making those seats open for general category of applicants adequate number of seats are to be kept reserved for those candidates who were prevented from appearing the entrance test and who have been permitted to appear at the special test pursuant to direction given by this Court in several cases. It is submitted by Mr. Patra that a time limit should be fixed whereafter no further application is to be entertained, in order to have effective control over the admissions. Since three weeks' period has been indicated in Dr. It is submitted by Mr. Patra that a time limit should be fixed whereafter no further application is to be entertained, in order to have effective control over the admissions. Since three weeks' period has been indicated in Dr. Chandi Prasad Das's case (supra), no further time limit need be fixed. Directions given in Dr. Chandi Prasad Das's case (supra) and in this writ application be implemented so far as petitioner is concerned within the stipulated time. 6. The writ application is allowed. No costs. Requisites for issuance of writ shall be filed by Tuesday (20-8-1991). B.N. Dash, J. I agree. Final Result : Allowed