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2011 DIGILAW 630 (RAJ)

Dr. Gagan Senke v. State of Rajasthan

2011-03-25

DINESH MAHESHWARI

body2011
JUDGMENT 1. - In this writ petition, the petitioner has stated grievance against denial of his candidature for admission in P.G. Course in the second round counseling on the ground of want of original documents. 2. The petitioner submits that after appearing in the Pre- P.G. Entrance Examination and securing merit, he was called for second round counseling by the respondents under the notification dated 18.06.2010 (Annex. 2) and he appeared therefor in the Office of the respondent- Rajasthan University of Health Sciences. The petitioner further submits that on the day of counseling i.e., 24th June 2010, he remained present at the scheduled time and place of counseling along with his original documents and attested photo copies of the originals; and he was called for his counseling past midnight at 00.30 a.m. on 25th June 2010 on his turn. According to the petitioner, he was offered the Branch in Micro-biology at J.L.N. Medical College, Ajmer and was asked to submit his original documents but unfortunately, by that time, his original documents were not found, which were misplaced somewhere during the whole day movement and, therefore, he submitted the attested true copies of the originals before the counseling Committee and assured that he will produce the duplicate copies of the original documents within the stipulated time before the Committee and also submitted an application in this regard. The petitioner has stated the grievance that his prayer was not accepted and rather, the Committee straight away rejected his candidature and proceeded to accord admission to the candidate next in merit. 3. The respondents have filed reply to the writ petition, inter alia, with the submissions that in the notification dated 18.06.2010 (Annex. 2), the candidates were clearly directed to bring all the original documents at the time of counseling if not submitted earlier. It is also pointed out that the purpose behind such direction is that the candidates seeking admission in PG. Course may not claim more than one seat at a time. The respondents submit that when the petitioner did not possess the original documents, his candidature was rightly not considered. It has also been pointed out that in view of various objections raised, a unanimous decision was taken by the Admission Board not to consider the candidature of the persons who were not possessing the original documents at the time of counseling. 4. It has also been pointed out that in view of various objections raised, a unanimous decision was taken by the Admission Board not to consider the candidature of the persons who were not possessing the original documents at the time of counseling. 4. The submissions as made on behalf of the respondents appear justified and no case for interference in the writ jurisdiction is made out. 5. In the notification dated 18.06.2010 for second round of counseling, pursuant whereto the petitioner appeared, the respondents had stated various instructions including the following : "3. The candidate must bring all the original documents at the time of interview/counseling if not submitted earlier." 6. The petitioner has suggested in the petition that he kept on waiting for the whole day of 24th June 2010 and when his turn came 30 minutes past midnight, he found the bunch of originals having slipped/lost somewhere and hence he requested to consider the attested copies. The suggestion as made by the petitioner has been cryptic and uncertain and the respondents cannot be faulted in not giving credence to the same. The material on record as placed by the respondents, particularly the proceedings of the Admission Board (Annex. R/1), make it clear that there had been several disputes and objections raised about the candidates who attempted to appear without original documents and the reason behind this was of such candidates having procured seats in other States too. The uniform procedure as applied by the Admission Board, of not accepting the candidature without originals, cannot be said to be irrational or unreasonable or unjustified in the given set of facts and circumstances. 7. The suggestion of the petitioner, about misplacing the originals 1 during the day, being cryptic and wanting in material particulars, and having been made only after cancellation of his candidature, could not have been accepted. 8. In the totality of circumstances, this Court finds no reason to issue 5 any writ, order or direction at the instance of the petitioner. 9. The petition fails and is, therefore, dismissed. No costs.Writ Petition Dismissed. *******