A Selection Board, after having made a selection, becomes functus officio and has no power to cancel a selection.

Judgement

R. N. MISRA, J. :- This is an application for a writ of certiorari to quash the order dated 7-10-1974 (Annexure 7) issued by the Principal of the M. K. C. G. Medical College at Berhampur (opposite party No. 5) cancelling the admission of the petitioner into the 1st Year M. B. B. S. Class and for a writ of mandamus to allow the petitioner to continue as student of the 1st year M. B. B. S. Class of the said College on the footing that she has been validly selected as per the intimation given to her on 21st of September, 1974 under Annexure 5.

2. The petitioner passed the 1st year Degree (Science) Examination of the Utkal University with Physics, Chemistry and Biology as group subjects and during the 1974-75 session was studying in the 4th year B.Sc. Honours Class of the S. B. Women s College at Cuttack. In July, 1974, a notice was published calling upon eligible candidates to submit applications in the prescribed form for admission into the 1st year M. B. B. S. Class of any of the three Medical Colleges of Orissa during the 1974-75 session. The petitioner made an application and was assigned Index No. 1448. She appeared at the entrance examination. On 21st of September, 1974, a list of successful candidates was published in the local newspapers. She was communicated in writing on 21st of September, 1974 (Vide Annexure 5), that she had been selected and was required to take admission in M. K. C. G. Medical College at Berhampur by 30th of September, 1974, failing which her name would be expunged from the selection list and she would not be entitled to take admission. On receipt of the communication, she procured the necessary documents as indicated in Annexure 5, obtained transfer from the Wormen s College at the Utkal University to which that college was affiliated as she was now to join in the M. K. C. G. Medical College under the Berhampur University and finally took admission on 27-9-1974 and became a student of the 1st year M. B. B. S. Class of that College. She was obliged to make payments on obtaining transfer from the College at Cuttack and in obtaining admission into the Medical College at Berhampur. She also became a boarder in the hostel attached to the Medical College. Lectures started from 7th October, 1974 and she duly attended the same. On the 8th of October, 1974, in the afternoon, she came to learn that her admission had been cancelled and on the following day she received the communication to that effect under Annexure 7, which was to the following effect:

"The name of Smt. Pratima Das, Roll No. 39, 1st year M. B. B. S. class who took admission on 27-9-1974 is hereby removed from the College Rolls from the date of issue of this notice as she was selected by mistake due to error in decoding. Her admission was cancelled as per proceedings of the Selection Board meeting held on 2-10-1974."

She challenges this cancellation as opposed to rules of natural justice, being an act without authority and raises the plea of estoppel so far as the opposite parties are concerned.

3. The selection for admission into the three Medical Colleges of the State, namely, the S. C. N. Medical College at Cuttack, the V. S. S. Medical College at Burla and the M. K. C. G. Medical College at Berhampur, is done by one Selection Board consisting of the Principals of the three Colleges being opposite parties 3, 4 and 5. The Principal of the Medical College at Burla was the Convenor of the Selection Board for the year 1974-75. A counter affidavit on behalf of the opposite parties has been given by the said Principal. The procedure of holding the entrance examination has been described thus:- "That after the applications were received and necessary scrutiny was made every applicant was given an Index Number and the said Index Number was communicated to the candidates. Thereafter, the applicants sat at the entrance examination in three different colleges. After the examination was over all the answer papers from the three different colleges