The result of the supplementary examination should relate back to the first appearance in the examination, and provisions regarding forfeiture of claim for a seat under All India quota may not apply in certain situations.

( 1 ) PETITIONER has filed this petition in which the primary relief he seeks is the allotment of a seat in the MBBS/bds Course in the second round of allotment which is to start from 9th September, 2000.

( 2 ) THE petitioner appeared in Class XII examinations in March, 2000 conducted by Central Board of Secondary Education. Results of such examinations are normally announced in the end of May or early June every year. However, Central Board of Secondary Education also conducts All India Pre-Medical/pre-Dental Entrance Examinations (PMT) which is normally conducted before the Class XII results are announced. Therefore, those who appear in Class XII examination are also allowed to take the PMT examination even when the Class XII results are not declared. This examination was conducted on 14th May, 2000 and petitioner also appeared in the examination.

( 3 ) RESULT of Class XII examination was declared on 30th May, 2000. As luck would have it, petitioner although secured 60 or more marks in four papers, in Biology he could secure 42 marks. Passing marks for mis subject being 45, he was given compartment in Biology and for this paper he appeared in Supplementary examination which was held on 3rd August, 2000.

( 4 ) INSOFAR as PMT examination is concerned, result was declared on 14th July, 2000. Petitioner secured merit position/rank No. 117 in All India Pre-Medical/pre-Dental Entrance Examination, 2000. Needless to mention, approximately two lakh students appeared in the said examination, and therefore, rank No. 117 is very commendable and high. As per his rank in the merit list petitioner was to appear for allotment of a seat by personal appearance, in the first round of allotment which started on 2nd August, 2000. However, the result of Supplementary examination in Biology paper taken by the petitioner had not been declared and as per the Rules, respondents would not have allowed the petitioner to participate in the allotment process in the first round. The result of Supplementary examination in the Biology paper taken by the petitioner was declared on 30th August, 2000 and petitioner secured 53 marks. Accordingly he was declared passed in 12th examination. Equipped with this result, petitioner approached respondents for considering him for allotment of a seat in the MBBS/bds course and requested that a personal appearance be allowed to him in the second round of allotment which is to commence from 9th September, 2000. He also made a written representation to this effect. However, as his request was turned down, petitioner has filed this writ petition praying that he may be considered for allotment of a seat in the second round of allotment.

( 5 ) THIS petition came up for hearing on 5th September, 2000 and notice was issued for 7th September, 2000, i. e. today. Notice was accepted on 5th September, 2000 in the Court by Mr. Anil Kumar on behalf of respondents 1 and 2 and Ms. Rekha Palli for respondent No. 3.

( 6 ) BOTH the Counsel for respondents today made oral submissions stating that they do not wish to file the counter affidavits and with the consent of the parties, matter was taken for final arguments and disposal, keeping in view the urgency involved in this matter.

( 7 ) ADMITTEDLY, in the first round of allotment candidates from S. Nos. 1 to 2000 in the merit list were called. Still certain seats are left and second round of allotment is to start from 9th September, 2000 and persons in the merit list at S. No. 2001 and below would be called for allotment. Before this exercise is done, the candidates who were allotted a seat in the first round and who wish to change their allotted college/course and wish to join the same against some vacancies arising due to non-joining of the candidates in the first round of personal appearance would first be called.

( 8 ) OUR attention has been drawn to the judgment dated 7th September, 1999 passed by Division Bench of this Court in LPA No. 385 of 1999 entitled Neha Kattyar v.