The significance of attending counselling for seat allocation and the impact of deliberate absence on entitlement to relief.

F.M.Ibrahim Kalifulla. J.

1. The State is the Appellant herein. The challenge is to the order of the learned Single Judge dated 20.12.2001 in W.P.No.23181 of 2001, wherein, the learned Judge, directed the respondents to consider the representation of the writ petitioner dated 9.10.2001 and allot her a free seat for her in any one of the recognized Dental Colleges based on the observations made by the learned Judge in the earlier part of his order.

2. The brief facts are that the writ petitioner who belongs to Backward Class Community, secured the cut off marks of 286.01 in the centralized admission of candidates to the Medical professional courses in the Academic year 2001- 2002. The cut off marks in respect of Backward Class Community was stated to be 285.82 in the relevant year. In such circumstances, when the petitioner’s turn came for counselling on 4.8.2001, it appears that there was no free seat available and therefore, the petitioner opted fo r a payment seat for the dental course in the second respondent institution. Accordingly, necessary allotment order was issued to the petitioner on 10.8.2001. The petitioner also joined the said institution. However, due to subsequent developments, when there was scope for filling up certain free seats in two other institutions, the appellant arranged for fresh counselling on 14.9.2001. Along with other candidates, the petitioner was also asked to appear for the counselling on 14.9.2001 and the petitioner was offered a free seat in one of the two institutions where free seats were available’ on that date. However, the petitioner was stated to have declined the offer on the ground that as on that date, the said institutions were not recognized. It is also on record that the writ petitioner was assured that in future if availability of free seats in any other recognized institutions arise, she would be allotted a free seat.

3. Subsequently, the State Government published a Notification in the leading Newspapers both in Tamil as well as in English on 16.9.2001 and 19.9.2001 for fresh counselling on 21.9.2001 at 9 a.m. The substance of the Notification published in the Newspapers is as under:

“Counselling for the Vacancies in BDS Courses for payment and free seats in Self Financing Dental Colleges will be held at the office of the Selection Committee, Kilpauk, Chennai-10 on 21.9.2001 at 9 a.m. All the eligible and applied candidates can attend the counselling along with Demand Draft for Rs.70,000 fox payment seats and Rs.7500 for free seats drawn in favour of Secretary, Selection Committee, Chennai-10. No individual intimation will be sent separately and this Notification may be treated as i ndividual intimation. Seats will be allotted on merit .basis among the date and time as specified in the Notification. No communal reservation will be followed for allotment of seats under payment seat category. Candidates without Demand Draft will not be allowed to attend counselling. Candidates are required to bring all the original certificates or bona fide certificates from the institution where the candidate is present studying. If sufficient number of candidates do not turn up for rural reservatio n seats in various categories BC/MBC/SC/ST’, those seats will be carried over to general pool under the same category, as per clause No.S.I (f) of the prospectus for 2001-2002 session on the same day and the seats will be allotted according to the merit in the respective category. The candidates already joined in BDS payment seat may also attend counselling for free seats, if vacancies are available in the respective categories as mentioned.”

4. Though the said Notification was available to all, for reasons best known to the writ petitioner, she did not attend the said counselling on 21.9.2001. It was only thereafter, the writ petitioner came forward with -a representation dated 9.10.2001 contending that she was left out and that free seats were allotted to persons who secured cut off