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2014 DIGILAW 475 (ORI)

Sunanda Priyadarshini Mohanty v. State of Orissa

2014-08-07

B.N.MAHAPATRA, I.MAHANTY

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Judgment B.N.Mahapatra, J This Writ Petition has been filed with a prayer to declare the action of opposite party No.2-Chairman, PG Medical Selection Committee-cum-Principal, SCB Medical College, Cuttack and opposite party No. 3-Convenor, PG (Medical) Selection Committee-cum-Principal, SCB Dental College, Cuttack in not allowing the petitioner to participate in 4th and final round of counseling for admission to P.G. (Medical/Dental) Course, 2014 held on 07.07.2014 as illegal and bad in law. The further prayer of the petitioner is for a direction to opposite parties to permit the petitioner to take admission in P.G. Medical Course, 2014-15 in the State of Odisha. 2. Petitioner’s case in a nut shell is that the petitioner is a permanent resident of Ganjam district in the State of Odisha and completed her MBBS course successfully in the State of Karnataka. She appeared in All India PG Medical Entrance Examination (AIPGMEE), 2014 in which she was qualified to participate in online All India 50% quota counseling. Her rank was 2073 under the category-UR. She was allotted a seat during first round counseling for study of PG (Medical) in Nilratnam Sircar Medical College, Kolkata. On 24.04.2014, the petitioner reported before the allotted institution and the aforesaid institution retained original documents such as MBBS degree certificate, Orissa Counsel (2) certificate original, MBBS final year mark sheet, internship completion certificate. Petitioner joined the Nilratnam Sircar Medical College, Kolkata on 30.06.2014. The petitioner as direct candidate had made an application to the Convenor, P.G. Medical Counseling Committee, SCB Dental College and Hospital, Cuttack for admission into P.G. Medical courses for the session 2014-15 in the State of Odisha. The revised provisional merit list of direct candidates for P.G. Medical Course, 2014-15 for the State of Odisha was issued where the petitioner’s name found place in rank 61. The revised provisional seat matrix was flashed on 05.07.2014 for spot counseling to be held on 07.07.2014 during evening hour mentioning total vacancies for direct candidates as 61. On 07.07.2014, the petitioner appeared before the Counseling Committee. By the time, her name was called she was eligible for a Medicine seat at MKCG Medical College, Berhampur against the available vacancy. Being asked by the Committee to submit CLC from Nilratnam Sircar Medical College, Kolkata, the petitioner gave an undertaking to produce the CLC within seven days. On 07.07.2014, the petitioner appeared before the Counseling Committee. By the time, her name was called she was eligible for a Medicine seat at MKCG Medical College, Berhampur against the available vacancy. Being asked by the Committee to submit CLC from Nilratnam Sircar Medical College, Kolkata, the petitioner gave an undertaking to produce the CLC within seven days. In spite of the same, she was denied allotment of such seat by the Counseling Committee for non-production of CLC. Hence, the present writ petition. 3. Mr.C.Nayak, learned counsel for the petitioner submitted that the Counseling Committee has refused to allot a seat in favour of the petitioner in order to accommodate candidates who are below the rank of the present petitioner. Since the petitioner had taken admission in Nilratnam Sircar Medical College, Kolkata as an All India candidate she produced all the original documents there and the Counseling Committee acted unreasonably in not affording reasonable opportunity to the petitioner for submission of CLC. Students who took admission in different Medical Colleges were allotted time to produce CLC. The conditions stipulated in the notice under Annexure-1 for production of CLC are applicable to fresh students who have not taken admission. It is not applicable to the petitioner who has already taken admission in Nilratnam Sircar Medical College, Kolkata. CLC is required to be produced before the allotted College at the time of admission. Therefore, it was submitted that the action of the opposite party-Medical Council in not allotting a seat to the petitioner for non-production of CLC is illegal and the petitioner is entitled to the relief sought for in the writ petition. 4. Mr. R.C. Mohanty, learned counsel appearing for opposite party Nos.2 and 3-P.G. (Medical) Selection Committee submitted that the fourth and final round counseling for admission to P.G. (Medical/Dental) Courses for the year 2014 was scheduled to be held on 07.07.2014 at the Institute of Engineers, Schibalaya Marg, Unit-IX, Bhubaneswar. The notice was floated in the website of the Director, Medical Education and Training, Odisha on 03.07.2014 for information of all concerned. In the said notice, it was categorically mentioned that “under no circumstances a candidate can be admitted without College Leaving Certificate (CLC)”. The seat matrix was floated in the website on 06.07.2014 after the All India seats were surrendered to the State. In the said notice, it was categorically mentioned that “under no circumstances a candidate can be admitted without College Leaving Certificate (CLC)”. The seat matrix was floated in the website on 06.07.2014 after the All India seats were surrendered to the State. In case of spot admission, the seat matrix was supposed to be notified at the spot, i.e., at the counseling place but for the candidates benefit, it was given in the website on 06.07.2014. It was submitted that two candidates, namely, Dr. Rajesh Pattnaik and Dr. Susanta Kumar Khuntia, who had taken admission in Medical Colleges outside the State, also attended the spot counseling on 07.07.2014 and submitted all the necessary certificates including CLCs. The petitioner had never locked her choice in any of the counseling but attended the spot counseling without any original documents which was required to be produced at the time of counseling. Therefore, Mr. Mohanty, learned counsel for the P.G. (Medical/Dental) Selection Committee makes a prayer for dismissal of the writ petition. 5. On the rival contentions of the parties, the following questions fall for consideration by this Court: (i) Whether opposite party Nos.2 and 3 are justified in not allowing the petitioner to participate in the fourth and final round counseling for admission to P.G. (Medical/Dental) Course 2014-15 held on 07.07.2014 for non-production of CLC? (ii) Whether the petitioner is entitled to a direction to opposite party Nos.2 and 3 to permit her to take admission in P.G. (Medical/Dental) Course 2014-15 in the State of Odisha? 6. Since both the questions are interlinked, they are dealt with together. 7. The undisputed facts of the case are that the petitioner appeared in the All India Post Graduate Medical Entrance Examination, 2014 (for short, “AIPGMEE, 2014”) and she was allotted Rank No.2073 under category ‘UR’. According to her rank, she took admission in Nilratnam Sircar Medical College, Kolkata and joined in the course on 30.06.2014. As a direct candidate, she made an application to the Convenor, P.G. (Medical) Selection Committee, S.C.B. Medical College & Hospital for participating in the counseling for P.G. Medical Course for the session 2014-15 in the State of Odisha. In the revised provisional merit list of direct candidates for P.G. Medical Course 2014-15, petitioner ranked 61. In the notice floated on 03.07.2014, all candidates were requested to attend the counseling along with relevant documents including CLC. In the revised provisional merit list of direct candidates for P.G. Medical Course 2014-15, petitioner ranked 61. In the notice floated on 03.07.2014, all candidates were requested to attend the counseling along with relevant documents including CLC. In the said notice, it was specifically mentioned as under: “under no circumstances a candidate can be admitted without College Leaving Certificate (CLC)”. The seat matrix was floated in the website on 05.07.2014, after all India seats were surrendered to the State. The petitioner attended the spot counseling without CLC and requested for seven days’ time to produce the same which was not granted by opposite party No.2, as a result, she has been deprived of taking admission in SCB Medical College, Cuttack. 8. Now, the question which arises for consideration by this Court is whether any reasonable opportunity has been afforded to the petitioner to produce her CLC at the time of attending the spot counseling. 9. It was submitted on behalf of petitioner that as the date for counseling was fixed to 07.07.2014 and seat matrix was uploaded on 05.07.2014 in the evening hour, the petitioner could not obtain CLC from Nilratnam Sircar Medical College, Kolkata in order to produce the same at the time of spot counseling held on 07.07.2014. This contention of the petitioner is not acceptable because in the notice dated 03.07.2014 (Annexure-B/3) to the affidavit filed by opposite party-Convenor, it has been categorically mentioned that “under no circumstances, a candidate can be admitted without CLC”. Further, two other candidates, namely, Dr. Rajesh Pattnaik and Dr. Susanta Kumar Khuntia, who had taken admission earlier in Pt. B.D. Sharma PGIMS, Rohtak and U.P. Rural Institute of Medical Science and Research, Saifai, Etawah, Uttarpradesh respectively attended the spot counseling on 07.07.2014 and produced their CLCs along with other necessary certificates. It is not understood, if two similarly situated candidates, who took admission outside the State Medical Colleges, could be able to obtain CLCs from their respective colleges within the time allowed by the opposite parties and produced the same at the time of spot counseling, how said time is unreasonable/inadequate for the petitioner. 10. As it appears there is some valid reason for asking the candidates who had already taken admission in Medical Colleges outside the State of Odisha to produce CLC at the time of counseling. 10. As it appears there is some valid reason for asking the candidates who had already taken admission in Medical Colleges outside the State of Odisha to produce CLC at the time of counseling. If a candidate, who had taken admission outside the State Medical Colleges, is allowed a seat in spot counseling in the State without producing CLC and he or she does not take admission thereafter and continues her study in the previous College situated outside the State of Odisha where he/she had taken admission then the seat allotted to him/her remains vacant in the State of Odisha, which would be a national waste. It may be further noted that the spot counseling is usually made just before the cutoff date; if a candidate is allowed time to obtain CLC after the cutoff date from the College where he/she had taken admission, one seat will go waste in that College if he/she takes CLC beyond the cutoff date. Only if a candidate takes CLC before the cutoff date, the above problem of any seat going waste does not arise. Undoubtedly, a P.G. (Medical) seat is very valuable. No candidate should be allowed to act in a manner resulting wastage of a P.G. Medical Seat. 11. Learned counsel for the petitioner placing reliance on the judgment of this Court in the case of Snehalata Jagati Vs. Convenor, PG (Medical/Dental) Selection Committee, Odisha and others, reported in 2014(I) ILR-CUT 89 submitted that the present case is squarely covered by the above judgment and therefore she is entitled to the relief prayed in the writ petition. The principle decided in the case of Snehalata Jagati (supra) has no application to the present case as the facts involved in both the cases are different. In Snehalata Jagati (supra) adequate time was not allowed to produce CLC. The petitioner in that case was asked to submit the CLC at the time of 2nd round counseling within 24 hours despite the fact that such CLC was not required at the time of 1st round of counseling. In the present case, four days time was allowed to procure the CLC. 12. In Snehalata Jagati (supra), those who were selected in the first counseling were required to produce the CLC at the time of taking admission in respective Colleges whereas in the 2nd counseling petitioner was required to produce CLC at the time of attending counseling. In the present case, four days time was allowed to procure the CLC. 12. In Snehalata Jagati (supra), those who were selected in the first counseling were required to produce the CLC at the time of taking admission in respective Colleges whereas in the 2nd counseling petitioner was required to produce CLC at the time of attending counseling. However, in the present case, no such discrimination is noticed. 13. In view of the above, opposite party Nos.2 and 3 are justified in not allowing the petitioner to participate in the fourth and final round counseling held on 07.07.2014 for non–production of CLC. Consequentially, no direction can be given to the opposite parties to permit the petitioner to take admission in P.G. (Medical) Course 2014-15 in the State of Odisha. 14. In the result, the writ petition is dismissed.