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2007 DIGILAW 478 (ALL)

MARUTI KUMAR SINGH v. GENERAL DIRECTOR, MEDICAL EDUCATION AND TRAINING

2007-03-01

S.P.MEHROTRA

body2007
JUDGMENT Hon’ble S.P. Mehrotra, J.—Case has been taken-up in the revised list. Learned Counsel for the petitioner is not present. However, Shri Akhilesh Pandey holding brief for Shri Prakash Padia, learned Counsel for the respondent No. 2, is present. 2. The present Writ Petition, filed under Article 226 of the Constitution of India, pertains to the Combined Pre-Medical Test, 2002 organized on 30.6.2002 for the Educational Session 2002-03 by the respondent Nos. 2 and 3. 3. According to the petitioner, the petitioner appeared in the said Test, and in his Application Form as well as in his Answer-sheets, he always showed himself as belonging to the Other Backward Class category. 4. It is, inter-alia, alleged that by the mistake of the clerical staff of the respondent Nos. 2 and 3, the petitioner was shown as belonging to the General category, and not Other Backward Class category. 5. It is, inter-alia, further alleged that the petitioner approached the respondents for rectifying the above mistake, but no action was taken in the matter. 6. In the circumstances, the petitioner filed the present Writ Petition making the following prayers : “(i) To issue writ order or direction in the nature of mandamus be directed to respondents to make due amend/ correction in result of petitioner for C.P.M. T. 2002 and to permit to petitioner to sit in the Counselling or interview which are organized by Respondent No. 1 as O.B.C. category candidate. (ii) To issue writ, order or direction in the nature of mandamus be directed admission committee shall consider the candidature of the petitioner for admission to a medical college within quota of other backward category (O.B.C.) for the academic year 2002-2003 on the basis of petitioner’s merit. (iii) To issue writ, order or direction in the nature of mandamus be directed to respondents sympathetically decide petitioner’s representation dated 6.9.2002 (Annexure-6) and dated 30.9.2002 (Annexure-7) with reasoned order forthwith. (iv) To award cost of petition”. 7. It appears that a counter-affidavit, sworn on 26.11.2002, has been filed on behalf of the respondent No. 2. Paragraphs 16, 22 and 23 of the said counter-affidavit are as under : “16. That in reply to the contents of paragraph No. 14 of the writ petition, it is submitted that on the petitioner’s representation, his name has been recorded in OBC category and information has been sent to the respondent No. 1 as stated above. 22. Paragraphs 16, 22 and 23 of the said counter-affidavit are as under : “16. That in reply to the contents of paragraph No. 14 of the writ petition, it is submitted that on the petitioner’s representation, his name has been recorded in OBC category and information has been sent to the respondent No. 1 as stated above. 22. That in reply to the contents of paragraph 21 of the writ petition, it is submitted that the decision of the petitioner’s representation has already been taken, if he is found eligible or the merit is further lower down after 144 in OBC category, the petitioner can get admission. 23. That the contents of paragraph 22 of the writ petition need no reply. It is also submitted that even in Reserve Category, the petitioner cannot get admission, as last merit is 144, whereas the petitioner has received 124 marks.” 8. From a perusal of the above-quoted paragraphs of the counter-affidavit, it is evident that the mistake in respect of the category of the petitioner was rectified, and he was recorded in the OBC category. 9. It is further evident from the above-quoted paragraphs of the counter-affidavit that the representation of the petitioner was decided, and the mistake in respect of the category of the petitioner was rectified. 10. It is further evident from the above-quoted paragraphs of the counter-affidavit that last merit in the OBC category was 144 marks whereas the petitioner got 124 marks. 11. It is, thus, evident that the relief sought by the petitioner in the present Writ Petition in regard to the rectification of his category was granted by the respondents, and, therefore, no further directions are required to be given in the present Writ Petition in this regard. Again, the representation of the petitioner was also decided, and, therefore, no further directions are required to be given in the present Writ Petition in this regard. 12. As regards the relief sought in the present Writ Petition regarding granting permission to the petitioner to sit in the Counselling/interview, organized by the respondent No. 1, as Other Backward Class category candidate, it is evident from the above-quoted paragraphs of the counter-affidavit that the petitioner got marks which were lower than the last merit in the Other Backward Class category. Therefore, the relief sought by the petitioner for being permitted to sit in the Counselling/interview, organized by the respondent No. 1, as Other Backward Class category candidate cannot be granted. 13. In any case, the Writ Petition pertains to the Combined Pre-Medical Test, 2002 in respect of Educational Session 2002-03, and it has become infructuous by lapse of time. 14. In view of the above, the Writ Petition is dismissed as having become in-fructuous. 15. However, on the facts and circumstances of the case, there will be no orders as to costs. ————