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1993 DIGILAW 440 (PAT)

Pratima Kumari v. State of Bihar

1993-09-30

G.C.BHARUKA, G.S.SHARMA

body1993
Judgment G.C. Bharuka, J. In this writ application the petitioner is aggrieved by the decision of the Medical and Dental Admission Test (M.D.A.T.) Board, Bihar by which the petitioner has been directed to be transferred from Darbhanga Medical College, Darbhanga to the Patliputra Medical College, Dhanbad. 2. Admittedly the petitioner having successfully competed in M.D.A.T. 1992 which was held on 26th July, 1992 had been admitted in the first year M.B.B.S. Course in Darbhanga Medical College, Darbhanga on 23rd December, 1992. Subsequently the M.D.A.T. Board pursuant to its decision dated 22nd March, 1993 resolved to replace/readjust several students including the petitioner to other Medical Colleges. The decision of the Board appears to be based on an interpretation of certain clauses of the prospectus. The said action of the Board was challenged before this Court in C.W.J.C. No. 10606 of 1992 and C.W.J.C. No. 1142 of 1992 which were disposed of on 13th November, 1992 holding therein that the reservation policy envisaged under clause-32 of the prospectus cannot be applied in relation to a choice of the institution which according to clause-27 of the prospectus has to be based solely on merit-cum-choice. The State Government preferred a Special Leave Petition being S.L.P. No. (civil) 16107-08 of 1902 before the Supreme Court and by an interim order dated 12.1.1992 it was inter alia directed that "in view of the stay granted by this Court on the operation of the order of the High Court, the State is at liberty to finalise admission". By a subsequent order dated 23.7.1993 special leave was granted with a limited modification of the aforesaid interim order by which the respondent Preetanjali Singh was directed to be granted admission in Patna Medical College which was her first choice. Consequent upon the said order of the Supreme Court the M.D.A.T. Board in its meeting dated 28.3.1993 resolved to effect its replacement/readjustment policy and, accordingly, the Principal, Darbhanga Medical College, Darbhanga issued notice to get herself relieved from Darbhanga Medical College and report to the institution where she has been transferred. 3. Consequent upon the said order of the Supreme Court the M.D.A.T. Board in its meeting dated 28.3.1993 resolved to effect its replacement/readjustment policy and, accordingly, the Principal, Darbhanga Medical College, Darbhanga issued notice to get herself relieved from Darbhanga Medical College and report to the institution where she has been transferred. 3. Learned Counsel appearing for the petitioner has, in substance, submitted that it is highly improper and unjust on the part of the respondents to direct the petitioner to change her institution of study after allowing her to stay and read in Darbhanga Medical College, Darbhanga for about six months and any such readjustment is bound to adversely affect her educational cancers and will also cause great inconvenience. It has further been submitted that it will not cause any irreparable injury or disadvantage to either the respondents or any other person if the petitioner is allowed to continue in her present institution where she was admitted initially. 4. Having considered the submissions made by the learned counsel for the petitioner and the affidavit filed in the case; we are of .the opinion that since the respondents are acting pursuant, to the interim orders passed by the Hon'ble Supreme Court, in our opinion no relief can be granted by this Court to the petitioner. 5. The writ application is, accordingly, dismissed.