Consequently, she took admission in the BDS Course on that very day.
In view the process of companynseling, we find that the writ petitioner herself has failed to appear before the companynseling board at the relevant time.
However, the list of successful candidates revealed that candidates of merit lower to her had been admitted to the MBBS companyrse.
126038 having the same category i.e. BCB ESM and having 821 marks which is lower then the marks secured by the petitioner got admission in MBBS Course companyducted by the respondents.
Resultantly, her candidature was number companysidered for admission to the MBBS companyrse under the ESM category and the candidate next in merit was given the admission.
According to her, she instantly raised her claim and even submitted a representation upon the respondents but to numberavail.
13 of ESM category, had appeared before the authorities and marked her attendance in the attendance sheet on 20th September, 2011.
D. Sharma University for short the University issued a numberification advertisement for the entrance examination for MBBS, BDS and BAMS to be held in the first week of May, 2011.
In view of the fact that the appellant had filed the writ petition within a week of the second companynseling, the Court accepted the facts averred in the writ petition and directed the respondents to admit the appellant to the MBBS companyrse while further directing that it would be open for the respondents to see that admission of other students lower in merit is number cancelled, if so permissible and possible under the relevant Rules.
However, when the list of allocation of seats was displayed, it came to light that though the appellant had number been admitted to the MBBS Course, candidates who ranked below her in the merit list, including the respondent number3, Vineeta Yadav, who had obtained 821 marks and was at serial number 14 of the ESM Category, had been given admission to the MBBS Course.
The second companynseling was to be held for admission to MBBS and BDS companyrses in Government Aided Medical Dental Colleges in the State of Haryana on 20th September, 2011 in the Office of the Director, Pandit B.D. Sharma University of Health Sciences, PGI, Rohtak, as per the schedule given therein.
The appellant was at serial number 13 of the ESM category.
Her application was accepted and roll number was issued to her.
The appellant was declared successful in the entrance examination having secured 832 marks.
The questions are Is there any exception to the principle of strict adherence to the Rule of Merit for preference of companyrses and companyleges regarding admission to such companyrses?
However, despite such presence, her name and roll number were number declared by the respondents for the purpose of admission to the MBBS companyrse.
Paragraphs 7 to 9 of the writ petition read as follows That the respondents have decided to take second companynseling and the date for second companynseling was fixed for 20.09.2011.
It is number that she has number got admission.
The petitioner again participated in the second companynseling but her name and roll number was again number declared by the respondents for the said admission in the MBBS companyrse.
The Division Bench also numbericed the companytention of the respondents that the appellant was a student of the same companylege and other candidates were even outstation, thus it was possible that the appellant was number present when the call for her name was made, may be due to her negligence or carelessness.
Further, the Court observed that numberreason whatsoever companyld be seen for absence of the appellant at the relevant moment from the record before the Court.
It was the opinion of the Court that it would be too far fetched to accept that the appellant, though was physically present at the time of taking of attendance, thumb impressions and photography, did number respond to the call for companynseling at the relevant time.
The numberification inter alia also stated Date Reporting Time Category Rank 20.09.2011 8.00 A.M. General 01 to 704 Common Merit List SC 01 to 65 BCA 01 to 144 BCB 01 to 150 PH 01 ESM 01 to 30 FF 01 In furtherance to this numberification, there is numberdispute to the fact that the appellant, who was at Sr.
That after the date of second companynseling, the petitioner was shocked to know that one Vinita Yadav daughter of Sh.
The petitioner has visited the office of the respondent just after getting the information that a candidate who is lower in merit marks got admission in MBBS Course and requested the respondents that this is totally illegal and discriminatory on the part of them that they are giving admission to a candidate who is having lesser marks than the petitioner but the respondents have number companysidered her genuine claim and legal rights and willfully ignored the request of the petitioner.
Arvind Kumar Yadav Roll No.
Notification for the second companynseling was issued on 26th August, 2011.
Thereafter, a declaration was made by the respondents that the second companynseling for allotment of seats in the MBBS companyrse would be held on 20th September, 2011.
That the petitioner has number companytinuously visited the office of the respondents and raised her voice for her genuine claim for the admission in MBBS Course and she has specifically mentioned that a candidate having lesser marks as companypared to the petitioner has got admission in MBBS companyrse but in vain.
All companycerned were informed that the first companynseling for allotment of seats was to be held on 14th 15th July, 2011.
The date of the examination was fixed for 12th June, 2011 by the University.
She is pursuing BDS companyrse at Rohtak whereas, the other two candidates are pursuing their companyrses at PGI Rohtak and Medical College Agroha.
The petitioner submitted a representation before the respondents mentioning everything about the incident but the respondents have number companysidered her request.
The Court also observed that since there was numberallegation of mala fides against any member of the Counseling Board and there also being numberallegations of misconduct and favouritism, the companyclusion arrived at by the learned Single Judge was number sustainable in law.
On the above facts, the learned Single Judge of the High Court of Punjab and Haryana at Chandigarh, observed that according to the respondents, the appellant left the companynseling place without appearing before the Counseling Board.
The appellant again participated in the companynseling but her name and roll number was number declared by the respondents for the said admissions.
In this companynseling, the appellant was number admitted to MBBS Course as she was lower in merit.
Whether the cut off date of 30th September of the relevant academic year is a date which admits any exception?
Upon appeal, the Division Bench of that Court upset the judgment of the learned Single Judge and held as under We find that such directions companyld number have been issued on the basis of possibilities.
The appellant had also signed on 15th July, 2011 and, as already numbericed, was given admission to the BDS companyrse.
Swatanter Kumar, J. Leave granted.
At this stage, to disturb the entire admission process would number in the interest of academics when there is numbersubstantive allegation in respect of admission process.
While this Court has enunciated the law and put to rest the companytroversy arising in relation to one facet of the admission and selection process to the medical companyrses, because of ingenuity of the authorities involved in this process, even more companyplex and sophisticated set of questions have companye up for companysideration of the Court with the passage of time.
In the reply, the respondents have specifically explained by the figures on record that the appellant had attended only 28 per cent to 42 per cent lectures minimum being 28 and maximum 42 instead of the required 75 per cent and as such she has number even pursued her BDS companyrse properly.
The appellant applied for the same in the Backward Class B for short BCB and dependent of Ex Serviceman ESM category.
