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2012 Supreme(Jhk) 465

N.N.TIWARI
Quazia Sultana Rizvi – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners -Mr. Rajiv Kumar
For the Respondents -M/s J.C to A.A.G, Ajit Kumar, A.K. Mehta

JUDGMENT

1. The grievance of the petitioners is that though they have secured above 40% marks in the competitive and qualifying examinations separately and were entitled to be considered for admission to the Medical Colleges, their admissions have been denied on the ground of intervening notification dated 21.9.2011 (Annexure-6) issued by the respondents. It has been stated that by the said notification, the earlier provisions of exchange of vacant seats among S.T/S.C/B.C/Gen. categories have been withdrawn. The said withdrawal has been made in the midst of the process of examination and on the basis of the said notification, the respondents have denied counselling of the petitioners for admission on the vacant seats. It has been submitted that 20 seats are still vacant and the petitioners should have been adjusted against the said seats, but the respondents have arbitrarily denied their counselling and admissions on an erroneous ground that the earlier provisions of exchange of seats have been withdrawn.

2. Learned counsel for the petitioners submitted that once the process of examination was initiated, in the midst of the process, there cannot be any change in the rules and requir








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