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2015 Supreme(Ori) 82
HIGH COURT OF ORISSA, CUTTACK
I. MAHANTY AND B. N. MAHAPATRA, JJ.
Kedarnath Nayak - Petitioner
Versus
State of Odisha and others - Opposite Parties
And
Rajesh Gantayat - Petitioner
Versus
Convener, Super specialty (DM/MCH) Selection Committee 2014-cum-Joint Director, DMET, Odisha, Bhubaneswar and others - Opposite Parties
W.P. (C) Nos. 21625 and 22069 of 2014
Decided On : 04.03.2015
Advocate Appeared:
W.P. (C) No.21625 of 2014
For petitioner: M/s. D. Routray, S. Das, R.P. Dalai, S. K. Samal, S. P. Nath & S. D. Routray
For Opp. Parties :Mr. B. Bhuyan (Addl. Govt. Advocate)
M/s. R. C. Mohanty & K. C. Swain (Counsel for O.P. No.3)
W.P. (C) No.22069 of 2014
For petitioner: M/s Umesh Ch. Pattnaik, S. D. Mishra, S. Patnaik & M. R. Sahoo
For Opp. Parties : Mr. R. C. Mohanty & K. C. Swain (Counsel for O.P. No.3)
Headnote:ADMISSION - M.C.H. (Neurosurgery) Course - Admission after the cut off date - Cut off date fixed by the Hon’ble Supreme Court for admission to Super Speciality Courses in any Medical Colleges is 30th September during each academic session - No direction can be given to the opposite-party-authorities to give admission beyond the cut off date - Further stated.
In Jessica Rehsi (supra), the Hon’ble Supreme Court held that under exceptional circumstances, if the Court finds that there is no fault attributable to the candidate, i.e., the candidate has pursued his or her legal right expeditiously without any delay and that there is fault only on the part of the authorities or there is an apparent breach of rules and regulations as well relief of admission can be granted within the time schedule prescribed. Invariably we see that the last date of counseling for admission to medical course is fixed just before expiry of the cutoff date. There may be a genuine case where a meritorious candidate is denied admission to medical course for the fault on the part of the authorities and no fault is attributable to the candidate and in that case, due to lack of adequate time a deserving candidate would be prevented from approaching any authority or Court for grant of appropriate relief. It is settled legal proposition that a party cannot be rendered remediless. (See Rameshwar Lal vs. Municipal Council, Tonk and others, (1996) 6 SCC 100). Therefore, direction/clarification should be given by the MCI or any competent authority to all medical colleges to complete the counseling for admission within a reasonable time, preferably one month before the cutoff date.
Clarification/direction should be given by the competent authority that admission cannot be given to any subject which is not notified in the prospectus. At the time of counseling, no admission shall be given to any subject, if it is not advertised in the prospectus. (Paras - 10 to 13)
JUDGMENT :
B. N. Mahapatra, J.
Essentially in both the writ petitions, relief sought for by the petitioners is for a direction to opposite parties to allow the petitioners to take admission into MCH (Neurosurgery) Course for the academic year 2014-15.
2. The case of the petitioner in W.P. (C) No.21625 of 2014 is that the petitioner is prosecuting his studies as MCH student in the Department of Pediatric Surgery in S.C.B. Medical College and Hospital, Cuttack. On the date of counseling on 27.09.2014, though a seat in the subject of MCH Neurosurgery was allotted to the petitioner under the direct category considering his rank in the select list published by the Convenor, P.G. Medical Course, without assigning any reason, the counseling was cancelled and rescheduled to 29.09.2014. Further, even though the said seat in Neurosurgery was available to be filled up on 27.09.2014, but in the seat matrix published on 28.09.2014, it was not reflected as a result of which the petitioner was forced to take admission in Pediatric Surgery in the direct category under protest.
3. Petitioner’s case in W.P. (C) No.22069 of 2014 is that in the prospectus for admission to Super specialty (DM/MCH) course at S.C.B. Medical College, Cuttack 2014-15, it was clearly stated that the counseling shall also be done for the seats of DM and MCH courses which will be available subsequently upon receipt of letter of permission from Government of India or appropriate authority for the year 2014-15. In the prospectus, total two numbers of seats in MCH (Neurosurgery) are shown to be available out of which one is for direct candidate like the petitioner. The Prospectus also further spells out the contingency that the above seat matrix is provisional and subject to change. The petitioner appeared in the said entrance examination as a direct candidate and as per the provisional merit list result published by the Selection Committee on 21.06.2014 his ID was reflected against Sl. No.4. Though the petitioner was interested in Neurosurgery, but he could not get the same and alternatively took admission in Plastic and Reconstructive Surgery in S.C.B. Medical College and Hospital, Cuttack.
4. Mr. S.D. Routray, learned counsel for the petitioner in W.P.(C) No.21625 of 2014 submitted that for taking admission to Super specialty courses at S.C.B. Medical College, Cuttack for the year 2014-15 in different subjects including the Neurosurgery course both under direct and in-service category, a prospectus was published by the Government of Odisha vide G.O. No.9801 dated 10.04.2014. The said Prospectus reveals that in respect of the seats of Neurosurgery 2 seats are available to be filled up under direct and in-service category. The petitioner is a direct category candidate as defined under Clause-3 of the Prospectus. Since the petitioner fulfilled the eligibility criteria, he was allowed to make online registration from 02.05.2014 to 08.05.2014. The petitioner appeared in the entrance examination on 28.05.2014. On 21.06.2014, the result of such entrance examination held on 28.05.2014 in respect of Super specialty subjects was published by the opposite party No.3-Convenor. In the provisional merit list, the petitioner ranked 9 as against Sl. No.9. On 12.09.2014, another notice was floated by the Convenor for conducting spot round counseling on 27.09.2014 in the Department of Physiology, SCB Medical College, Cuttack; so far as availability of seats are concerned, it was reflected in the notice that one seat in Cardiology (in-service) and one set in Pediatric Surgery (direct) is available to be filled up in the final round of counseling. It was further submitted that since one seat of MCH Neurosurgery was available to be filled up on 27.09.2014, the petitioner was allotted with the said seat on the aforesaid date and accordingly an allotment letter was issued by the Convenor, DM/MCH Selection Committee, 2014 in respect of the petitioner. Thereafter, the notice was published in the
