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1995 Supreme(Online)(MP) 3
MADHYA PRADESH HIGH COURT
A. R. Tiwari, J.
Dharmendra Jhavar (Dr.) v. State of M. P. and Another
M. P. No. 1042 of 1994
Important Points
Subject
Education Law - Admission Process
Headnote
(B) Rights of candidates - Fairness in admissions - Initial acceptance of allotment is not irrevocable, and candidates may indicate non-acceptance prior to last joining date. (Paras 4, 19)
Facts of the case:
The petitioner, eligible for a postgraduate medical seat, claims exclusion from the waiting list after initially accepting a different seat but later communicating non-acceptance. The respondents argue forfeiture of rights due to initial acceptance and no subsequent vacancy announcement.
Findings of Court:
The petitioner was improperly excluded from the waiting list despite merit, warranting corrective measures for admission.
Issues: Key issues included interpretation of the admission rules and rightful inclusion in the waiting list based on non-acceptance.
Ratio Decidendi: The court held that a candidate's initial acceptance can be retracted before the joining date without forfeiting rights for consideration in future vacancies.
Result: Petition allowed with directives for admission.
| Table of Content |
|---|
| 1. petition under constitutional provisions for educational admissions. (Para 1 , 2) |
| 2. petitioner's qualification and claims regarding waiting list acceptance. (Para 3 , 4) |
| 3. arguments regarding acceptance and rights for waiting list placement. (Para 8 , 9) |
| 4. interpretation of admission rules concerning waiting lists and candidate rights. (Para 10 , 11 , 12 , 16) |
| 5. court observations on justice principles and educational rights. (Para 21 , 22) |
| 6. directions for admitting the petitioner based on merit and available seats. (Para 29 , 30) |
1. This is a petition under Art. 226 of the Constitution of India.
2. The petitioner claims that he was eligible and entitled for being placed in the waiting list for Second Counselling and on superior merit seeks issuance of writ for his admission in P. G. Medical Course M. S. General Surgery in MGM Medical College, Indore via creation of additional seat or in Medical Course M. D. Medicine on the seat vacated or abandoned by Dr. Sudhir Mungi on movement to foreign Country for further study.
3. Facts are jejeune. The petitioner obtained MBBS degree in I Division with eleventh position in merit list (Annexure - P / 1). Internship and Registration are evidenced by Annexure - P / 2 and P / 3. He appeared in PPG (Second) entrance examination in January, 94 and secured 478 marks out of 900 i.e. 53.1% (Annexure - P / 4). In waiting list, he was positioned at serial No. 15. On 7-4-94 in pursuance of Letter dated 7-3-94 (Annexure - P / 5) he appeared at Bhopal for counselling. On interview, he was allotted M. D. Anaesthesiology at G. R. Medical College Gwalior. He signed attendance sheet Annexure - R / 1 in token of his acceptance of this seat. Next day i.e. on 8-4-1994 he conveyed his non - acceptance by telegram Annexure - P / 6. It was stated that the seat be allotted to other eligible candidate and - his name be kept in waiting list according to position of merit (The receipt of telegram on or about 8-4-1994 is denied in reply - para 2). Later he sent an application (Annexure - P / 7) in confirmation of telegram, which is received by respondent No. 2 (Director) Telegram is received on 15-4-1994 and 16-4-1994 and application is received on 26-4-1994 and 27-4-1994. He did not deposit requisite fee of Rs.5000/- for admission. Notice demanding Justice (Annexure - P / 9) was sent under Postal receipt (Annexure - P / 10). Reversion of seats from All India quota was awaited (Annexure - P / 12). The chancellor Gwalior was also informed about non - acceptance on 21-4-1994 (Annexure - P / 13) Second Counselling as per letter of 28-5-1994 (Annexure - P / 15) was fixed for 15-6-1994. Copy of telegram of 8-4-1994 was demanded on 14-6-1994 (Annexure - P / 17). Application was sent on 7-4-1994 (Annexure - P / 18). The petitioner maintains that he was entitled to be called for interview in second counselling. This was not done. Two candidates selected in second counselling had secured marks less than the marks of the petitioner. Dr. Sudhir Mungi allotted at Indore, abandoned the seat. The petitioner filed counter reply. He prays for direction for his admission on the seat of Mungi or direction for creation of one additional seat for his admission as he was wrongly excluded from the waiting list.
4. The respondents have filed reply in oppugnation. The defence is that "The rules permit inclusion of the name of candidate in the waiting list only if he elects to do so by refusing the subjects available at the time of counselling" para 5, and that the petitioner accepted subject and place and as such forfeited rights of inclusion in the list for Second Counselling of 15-6-1994.
5. 1 have heard both the sides.
6. R.3.2.10 (V) of Admission R.1993 (Annexure - P / 14) provides as under : -
"A Candidate who does not wish to be admitted to any of the subjects available at the time of her / his Counselling may so indicate in writing. Such candidate would forfeit her / his right to admission to any subject
