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2004(7) Supreme 297
SUPREME COURT OF INDIA
(From Orissa High Court)
R.C. Lahoti, CJI., G.P. Mathur & Prakash Prabhakar Naolekar, JJ.
Dolly Chhanda -Appellant
versus
Chairman, JEE and Ors. -Respondents
Civil Appeal No. 6506 of 2004
(Arising out of S.L.P. (Civil) No. 21153/2003)
Decided on 5-10-2004
Counsel for the Parties :
For the Appellant : Amarendra Bal and Rakesh Uttamchadra Upadhyay, Advocates.
For the Respondents : Janaranjana Das, Swetaketu Mishra and Ms. Moushumi Gahlot, Advocates.
Held : The general rule is that while applying for any course of study or a post, a person must possess the eligibility qualification on the last date fixed for such purpose either in the admission brochure or in application form, as the case may be, unless there is an express provision to the contrary. There can be no relaxation in this regard i.e. in the matter of holding the requisite eligibility qualification by the date fixed. This has to be established by producing the necessary certificates, degrees or marksheets. Similarly, in order to avail of the benefit of reservation or weightage etc. necessary certificates have to be produced. These are documents in the nature of proof of holding of particular qualification or percentage of marks secured or entitlement for benefit of reservation. Depending upon the facts of a case, there can be some relaxation in the matter of submission of proof and it will not be proper to apply any rigid principle as it pertains in the domain of procedure. Every infraction of the rule relating to submission of proof need not necessarily result in rejection of candidature. (Para 7)
The appellant undoubtedly belonged to reserved MI category. She comes from a very humble background, her father was only a Naik in the armed forces. He may not have noticed the mistake which had been committee by the Zilla Sainik Board while issuing the first certificate dated 29.6.2003. But it does not mean that the appellant should be denied her due when she produced a correct certificate at the stage of second counselling. Those who secured rank lower than the appellant have already been admitted. The view taken by the authorities in denying admission to the appellant is wholly unjust and illegal. The appellant had qualified in the JEE-2003 but the said academic year is already over. But for this situation the fault lies with the respondents, who adopted a highly technical and rigid attitude and not with the appellant. We are, therefore, of the opinion that the appellant should be given admission in MBBS course in any of the State medical colleges in the current academic year. (Paras 9 and 10)
JUDGMENT
G.P. Mathur, J.-Leave granted.
2. This appeal, by special leave, has been preferred against the judgment and order dated 31.10.2003 of High Court of Orissa by which the writ petition filed by the appellant for issuing a direction to the respondents to admit her in MBBS course was summarily dismissed.
3. The appellant passed 10+2 (Science) Examination conducted by the Council of Higher Secondary Education, Orissa, in First Class. As she was desirous of joining a medical course, she appeared in the Joint Entrance Examination, 2003 (for short JEE-2003 ) under the reserved MI category being daughter of an ex-serviceman - NK Manoranjan Chhanda who was discharged from armed forces on the ground of permanent disability. Under Clause 2.1.4 of Information Brochure of JEE-2003 certain percentage of seats are reserved for children/widows of personnel of armed/paramilitary forces of Orissa, killed/disabled in action during war or peace time operation. Her rank in the JEE-2003 in the reserved MI category in the medical stream was 20 and accordingly she was called for counselling for admission to a medical college on 7.7.2003. During the course of scrutiny of papers it was revealed that in the certificate dated 29.6.2003 given to her father by the Zilla Sainik Board in Column No.3 which pertained to "Disabled/killed in war/hostilities" the words "not eligible" were written. Since the aforesaid certificate did not satisfy the requirement of the reserved MI category, her candidature was rejected. The candidates who had secured ranks at 24 and 26 in the aforesaid category were given admission. She produced the disability certificate which was issued to her father by the army authorities, but in view of requirement of Clause 2.1.4 of the Information Brochure the same was not accepted. The appellant s father then requested the Zilla Sainik Board, Sambalpur to rectify the mistake, which issued a fresh certificate on 16.7.2003 which mentioned "Permanently Disabled" in Column No.3. The appellant then again approached respondent No.1 with the aforesaid correct certificate, but no action was taken. On coming to know that another round of counselling had been fixed for 29.10.2003 on account of increase in seat, the appellant went to the concerned centre and requested for being given admission on the basis of the fresh certificate issued by the Zilla Sainik Board, which certified that her father had been discharged from armed forces on the ground of permanent disability. The candidates who had secured rank from 27 to 30 in the MI category were called for counselling, but the appellant s candidature was not considered. The case of the appellant thus is that it was the Zilla Sainik Board which had committed the mistake in not issuing a correct certificate and the said mistake having been was rectified in the second certificate issued on 16.7.2003, she was entitled for admission in a medical college as candidates securing lower ranks had already been admitted.
4. The writ petition filed by the appellant was dismissed by the High Court on the ground that at the time of the counselling on 7.7.2003 the certificate furnished by the appellant did not bear any testimony that her father being a personnel of armed/paramilitary forces of Orissa had been disabled in action and consequently in terms of Clause 2.1.4 of the Information Brochure her claim that she belong to the reserved MI category had not been established.
5. In the counter affidavit filed on behalf of the respondents, it is admitted that the appellant had secured rank at serial No. 20 in the medical stream in the JEE-2003 in the reserved MI category. The stand taken is that as in the certificate produced by the appellant at the time of counselling on 7.7.2003, it was not mentioned that her father was a disabled personnel of the armed/paramilitary forces, her candidature was rejected. It is further pleaded that since her candidature was rejected due to her ineligibility, she was not allowed to ap
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