High Court Of Orissa
B. K. BEHERA, R. C. PATNAIK
LEENA DAS - Appellant
Versus
STATE - Respondent
ORIGINAL JURDN. CASE 2726 Of 1985
Decided On : 05/16/1986
MEDICAL ADMISSION - CUT-OFF DATE FOR ELIGIBILITY - LEGALITY - FIXATION OF CUT-OFF DATE - REASONABLENESS - JUDICIAL REVIEW.
Fact of the Case:
Petitioners, medical graduates, challenged the cut-off date of June 30, 1985, set by the authorities for determining eligibility for admission to postgraduate medical courses in the state. They argued that the date was arbitrary, capricious, and unreasonable, leading to their exclusion from the selection process despite completing their qualifications.
Finding of the Court:
The court upheld the cut-off date, finding it reasonable and justified. It noted that the date had been consistently used for several years, aligned with the academic calendar, and aimed to provide equal opportunities to candidates from different universities with varying examination schedules.
Issues: 1. Whether the cut-off date of June 30, 1985, for determining eligibility for admission to postgraduate medical courses was arbitrary, capricious, and unreasonable? 2. Whether the authorities acted illegally in fixing the cut-off date?
Ratio Decidendi: 1. The court emphasized the importance of academic excellence in selecting candidates for postgraduate medical courses and recognized the need for a cut-off date to ensure fairness and equal opportunities. 2. It acknowledged that the cut-off date had been in place for several years, indicating a consistent policy. 3. The court considered the alignment of the cut-off date with the academic calendar, ensuring that candidates had sufficient time to complete their qualifications before the commencement of the academic session. 4. It recognized the practical challenges of varying examination schedules across different universities and the need for a uniform cut-off date to provide equal opportunities to all candidates.
Final Decision: The court dismissed the petitions, upholding the legality of the cut-off date. It found no evidence of arbitrariness or capriciousness in the authorities' decision and concluded that the cut-off date was reasonable and justified.
BEHERA, J.
( 1 ) THE ten petitioners in O. J. C. No. 2726 of 1985 claim to have passed the annual M. B. B. S. Examination from the Berhampur University in October, 1984 and completed their compulsory rotating internship by the end of October, 1985. 0. J. C. No. 2770 of 1985 has been filed by twenty-one petitioners who claim to have passed the annual M. B. B. S. Examination from the Utkal University and completed compulsory rotating internship by December 16, 1985. O. J. C. No. 2802 of 1985 has been filed by five petitioners who claim to have passed the annual M. B. B. S. Examination from the Berhampur University and completed their compulsory rotating internship by November 4, 1985. The sole petitioner in O. J. C. No. 2831 of 1985 claims to have passed the M. B. B. S. examination from the Utkal University and completed compulsory rotating internship by the end of October, 1985. Eight petitioners have claimed to have passed the M. B. B. S. Examination from the Utkal University and completed their compulsory rotating internship by December 14, 1985, in O. J. C. No. 2891 of 1985. In O. J. C. No. 2893 of 1985. the four petitioners claim to have passed the final M. B. B. S. Examination from the Utkal University and completed compulsory rotating internship by December 14/18, 1985, O. J. C. No. 2903 of 1985 has been filed by three petitioners who claim to have passed the M. B. B. S. Examination from the Utkal University and completed compulsory rotating internship by December 14, 1985. O. J. C. No. 2904 of 1985 has been filed by the sole petitioner who claims to have passed M. B. B. S. Examination from the Berhampur University in June, 1983. His application has been rejected for his failure to produce a certificate to the effect that his father had been in continuous service in Orissa for a period of not less than seven years under the Railways. In all the cases, the petitioners challenge the choice of the cut-off date, viz. the 30th June, 1985, fixed in the Prospectus, requiring the candidates to fulfil the eligibility requirements for admission into the R. H. S. assignment/post-Graduate course and higher specialities in the three medical colleges of Orissa for the year 1985-86. The petitioners allege that the choice of the date is arbitrary and capricious and without any rational basis.
( 2 ) IT has been contended on behalf of the opposite parties that the petitioners were ineligible to be considered on account of the conditions in the Prospectus and therefore, their cases were not considered and in order to bring harmony and keeping in view the fact that examinations are conducted by the three Universities of the State at different times, the cut-off date has been fixed reasonably and it cannot be characterised as illegal, unreasonable, irrational or arbitrary.
( 3 ) WE have heard the learned counsel for the petitioners, Mr. R. K. Patra, the learned Additional Government Advocate, on behalf of the opposite parties and the learned counsel for the intervenors in O. J. C. No. 2891 of 1985 who would be affected in the event of the success of the writ-petitioners.
( 4 ) IT may be pointed out at the outset that apart from other considerations, the petitioners' candidature in O. J. C. No. 2904 of 1985 was not accepted as he was considered to be disqualified under clause 8. 1. 2 of the Prospectus. Though the son of a Central government Employee posted in Orissa, he did not qualify as his father did not belong to "all India Services belonging to Orissa cadre". The petitioner was ineligible to be considered in view of clause 8. 1. 2 of the Prospectus and on this ground alone, the writ application must fail.
( 5 ) THE sole common question which has arisen in the writ applications and canvassed before us on behalf of the petitioners is with regard to the legality of the cut-off date, viz. , the 30th June, 1985, for the candidates to have acquired the necessary qualifications for admission to the Post-Graduate Courses in the medical colle
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