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2003 DIGILAW 955 (JHR)

Kunal Pandey v. State Of Jharkhand

2003-08-06

SUDHANSU JYOTI MUKHOPADHAYA

body2003
ORDER S.J. Mukhopadhaya, J. 1. As the matter relates to admission in M.B.B.S. Course, the case was heard for disposal at this stage. 2. The petitioner appeared in the Jharkhand Combined Entrance Competitive Examination Board (for short Board) and secured 5th position in order of merit having Roll No. 610337. 3. After counseling, he having been given the offer for Admission in BVSC and AH, has moved this Court with allegation that while person secured lower position (7th position) i.e. 3rd respondent. Om Prakash Singh has been offered for MBBS Course, his legitimate claim for admission in the 1st year MBBS Course has been denied. 4. According to the 3rd respondent, the petitioner opted for admission in BVSC and AH Course on the day of counseling i.e. 12th of May, 2003. On the other hand, the 3rd respondent opted for MBBS Course at the time of his counseling. The petitioner having not opted for Admission in MBBS Course at the time of his counseling, there was no occasion to offer him the MBBS Course. 5. The petitioner has alleged mala fide against the members of the Board and made the following statement : "12. That on the date of counseling i.e. 12.5.2003 the petitioner was asked one of the committee member to fill in a "Seat Allotment Order" and at Sl. No. 1(a) of this seat allotment order the petitioner indicated his second choice for Bachelor of Veterinary Science and Animal Husbandry (Branch) at Ranchi Veterinary College, Ranchi in case the petitioner does not qualify for MBBS as per merit list. The petitioner was given only three minutes time to make up his mind to exercise his choice and was told that there was no vacancy In the MBBS course and finding no way out the petitioner indicated his second choice Bachelor of Veterinary Science and Animal Husbandry (Branch) at Ranchi Veterinary College, Ranchi. 13. That right from the beginning the petitioner wanted to get admission in MBBS course and he prepared himself diligently for the same and also became successful in the examination. 13. That right from the beginning the petitioner wanted to get admission in MBBS course and he prepared himself diligently for the same and also became successful in the examination. But at the very final stage of admission undo influence in the nature of misrepresentation was exercised by the members of the Board in that the petitioner was made to accept that there was no seat for admission in MBBS Course and he perforce gave his choice for admission in Bachelor of Veterinary Science and Animal Husbandry (Branch) at Ranchi Veterinary College, Ranchi. It is further submitted that the verbal objection raised by the clerk and subsequently the committee member with respect to the employer certificate is frivolous and pretext to disentitled the petitioner/to refuse the admission of the petitioner is a predesigned, ill motivated and a mala fide act due to the reason, inter alia, the said employees certificate was furnished by the petitioner dated 23.6.2001 and thereafter only the admit card was issued and during the intervening period i.e. date of deposit and date of issuance of the admit card no objection, verbal or writing whatsoever was raised. It is pertained to mention here that just as a pretext to refuse the admission to the petitioner who was otherwise entitled for the same the administrative staffs i.e. clerk in collusion with the committee member hatched a conspiracy to accommodated to the candidate (Roll No. 610475) below in rank to the petitioner with a mala fide intention for the reasons best known to the concerned officers." 6. Counsel appearing for the Board while denied the allegation submitted that the petitioner initially failed to produce a proper Employer Certificate of his father on the date of counseling (12th May, 2003), as per the prospectus/call letter. Later on, after counseling of about 160 candidates, the petitioner again appeared and produced a proper Employer Certificate with letter No. 427 dated 12th May, 2003. By that time, all the MBBS seats having been filled up out of 160 candidates who were already counseled, the petitioner opted for his Admission in MBBS and AH Course. 7. The 3rd respondent has enclosed the seat allotment order filled up by petitioner on 12th May, 2003 at the time of counseling work, wherein he has shown BVSC arid AH Course as the only independent choice. MBBS Course has not been shown as one of the choice. 8. 7. The 3rd respondent has enclosed the seat allotment order filled up by petitioner on 12th May, 2003 at the time of counseling work, wherein he has shown BVSC arid AH Course as the only independent choice. MBBS Course has not been shown as one of the choice. 8. In this background, no relief can be granted. 9. The interim order granted by this Court on 19th May, 2003 stands vacated. The provisional admission of petitioners in to MBBS Course is cancelled. If the 3rd respondent was not admitted because of the interim order of the Court, the respondents will admit the 3rd respondent, if recommended by the Board.