Kumari Kavita Yadav vs Director General, Medical Education and Training and Others

Arun Tandon, J.—On 14.9.2004 this Court granted time upto 23.9.2004 to the counsel appearing for respondent Nos. 1 and 2 to file counter-affidavit/seek instructions. On 23.9.2004, again the matter was adjourned to 28.9.2004. On 28.9.2004, the matter was directed to be taken up today.

Heard Sri Rakesh Kumar on behalf of the petitioner and Sri Mahendra Pratap on behalf of respondent Nos. 1 and 2. No counter-affidavit has been filed on behalf of respondent Nos. 1 and 2. However, Sri Mahendra Pratap has received instructions and on the basis of the instructions so received he has made his submissions for justifying the action of the respondents.

This Court is aware that in normal circumstances no interim orders granting provisional admission are to be passed in view of the law laid down by the1 High Court as well as by the Hon''ble Supreme Court. However, the Court cannot lose sight of the fact that in the facts of the present case if interim orders are not passed the present writ petition is liable to be rendered infructuous, inasmuch as under the guidelines issued by the Medical Council of India following the directions of the Hon''ble Supreme Court admission to MBBS Course must necessarily come to an end by tomorrow, i.e., 30th September, 2004, meaning thereby that if no orders are passed in favour of the petitioner and even if she ultimately succeeds in the petition, she would not be able to get admission. In such circumstances this Court is proceeding to consider the application for interim relief (CM. Application No. 161701 of 2004} for granting provisional admission to the petitioner.

It is not in dispute between the parties that the petitioner has appeared in the entrance examination conducted by Chaudhary Charan Singh University for admission to MBBS course in various medical colleges in the State of Uttar Pradesh. It is also not in dispute that the petitioner is a female and belongs to Other Backward Category (for short OBC). According to the merit which was prepared in pursuance of the aforesaid entrance examination the petitioner has secured the following rank :

(1) Over all rank (general) =808

(2) Rank in OBC category '' = 338

(3) Rank in Female category = 232

According to the notice published by the Director General, Medical Education and Training, U. P., Lucknow, dated 8.7.2004 the candidates who have secured various ranks in pursuance of the aforesaid entrance examination were invited for registration and counselling. It would be worthwhile to refer to the notice so published by the Director General Medical Education and Training, U. P., Lucknow, the relevant portion whereof is as follows :

iathdj.k frfFk ''kqYd :- 200

dkmfUlfyax frfFk ,oa le;

Js.kh@miJs.kh jaSad

1- 10-7-2004 11-7-2004 10-30 cts ls 1-30 cts ls

vukjf{kr vksoj vky jSaad 1 ls 200 rd 201 ls 400 rd

2- 11-7-2004 12-7-2004 10-30 cts ls 1-30 cts ls vukjf{kr vksoj vky jSaad 401 ls 650 rd 651 ls 1000 rd

3- 12-7-2004 13-7-2004 10-30 cts ls 1-30 cts ls vukjf{kr rd vksoj vky jSaad 1001 ls 1250 rd 1251 ls 1500 rd

4- 13-7-2004 14-7-2004 10-30 cts ls 1-30 cts ls 02 vU; fiNM+k oxZ Js.kh jaSad 1 ls 350 rd 351 ls 700 rd

5- 14-7-2004 15-7-2004 10-30 cts ls 1-30 cts ls 02 vU; fiNM+k oxZ 04 vuqlwfpr tutkfr

03 vuqlwfpr tkfr

Js.kh jaSad 701 ls 1000 rd Js.kh jSad lHkh vgZ vuqlwfpr tkfr jSad 1 ls 450 rd

6- 15-7-2004 16-7-2004 10-30 cts ls 1-30 cts ls 03 vuqlwfpr tkfr lHkh Js.kh;ksa dh miJs.kh;ksa ds vgZ vH;FkhZ �{kSfrt vkj{k.k� 05 LorU=rk laxzke lsukuh 06 ;q) esa ''kghn@viax ds vkfJr

07 fodykax

08 efgyk

n- tk- jSaad 451 ls 1000 rd miJs.kh jaSad 1 ls 100 rd miJs.kh jSaad 1 ls 150 rd lHkh Js.kh dh lfEefyr efgyk jSad 1 ls 550 rd

From the aforesaid notice it is apparently clear that the rank achieved by the petitioner in the aforesaid entrance examination finds mention against the dates mentioned in the first column of the notice, i.e., dates 10.7.2004, 11.7.2004 and 12.7.2004 in view of her over all rank, against item Nos. 4 and 5, i.e., 13.7.2004 and 14.7.2004 on the basis of the rank achieved by the petitioner as OBC candidate and lastly against item No. 6, bearing date 15.7.2004, i.e., 08 Mahila having regard to the rank secured as female candidate. In pursuance of the aforesaid notice the petitioner admittedly appeared for counselling at RALC, Daliganj, Lucknow on 15.7.2004. The petitioner has been refused admission by the respondents on the ground that she was required to get herself registered for counselling on 11th, 12th and 13th July, 2004, having regard to her over all rank and in any case on 14th July, 2004, having regard to the'' rank achieved by her in OBC category.

On behalf of the petitioner it is contended that the stand taken by the respondents is totally misconceived inasmuch as the petitioner falls within the category of female candidates in which she has secured the best rank. According to the petitioner she was advised to appear for registration and counseling on 15th July, 2004, which was the date specifically mentioned in respect of female category of candidates from rank 1 to 550.

Counsel for the respondents, however, contended that since the petitioner had not appeared for registration and counselling between 10th to 14th July, 2004, she has lost her right to be sensidered for registration and counselling on 15th July, 2004. The counsel for the respondents has placed reliance on note No. 3 of the said notice which says that on being allotment of the seats of respective categories counselling for the seats of that category shall be closed.

The Court is of the opinion that the petitioner had the option for registration and counselling in pursuance of the notice published by the Director General, Medical Education and Training referred to above, on 15th July, 2004, having regard to the best rank which the petitioner has achieved as female candidate. It cannot be said that she committed any irregularity or any default on the basis whereof the respondents could have refused admission to the petitioner.

From the notice which has been published by the Director General Medical Education and Training it is clear that nowhere it has been provided that female category candidates having regard to their rank in other categories must report for registration and counselling which was to take place between 10th to 14th July, 2004, and that if such female candidates do not report for � registration and counselling on the basis of over all rank/OBC rank, they shall not be entitled for admission on the basis of registration and counselling for female candidates fixed for 15th July, 2004. In the opinion of the Court the notice published by the Director General Medical Education and Training does not in any way intimate that the candidates shall lose their right to be considered as a female candidate on 15th July, 2004 if they do not appear for registration and counselling on the earlier dates mentioned in the'' notice.

The notice specifically mentioned 15th July 2004, as the date for registration and counselling of female candidates from rank 1 to 550. Therefore, a clear assurance was held out by the Director General of Medical Education and Training that the registration and counselling of female category of candidates would be held on 15th July, 2004 only. Therefore, the respondents were not justified in refusing admission to the petitioner on the ground that she had not appeared for registration and counselling on the dates from 10th to 14th July, 2004.

The note 3 relied by the respondents more or less supports the case of the petitioner inasmuch as the seats of female category could not have exhausted prior to 15th July, 2004. It was also legally not permissible to close the registration and counselling of female candidates prior to 15th July, 2004 in view of the notice issued by the Director General Medical Education and Training dated 8th July, 2004, by which all the female candidates were invited for registration and counselling on 15th July, 2004.

In view of the peculiar facts and circumstances as noticed hereinabove it is provided that the respondents shall grant admission to the petitioner in MBBS course if any female candidate lower in rank to the petitioner has been admitted to the said course, by tomorrow, i.e., 30th September, 2004. The right of the petitioner to get admission in MBBS course shall not be permitted to be defeated by the respondents on the plea that it is not possible to grant admission to her by tomorrow.

Sri Mahendra Pratap, counsel for the respondents, prays for and is granted 10 days'' time to file counter-affidavit. List on 8th October. 2004.

A copy of this order be supplied by the office to Sri Mahendra Pratap advocate, counsel for the respondents, today, to enable him to communicate the said order to the authority concerned.

A copy of this order be also supplied to the counsel for the petitioner today on payment of necessary charges.