High Court Patna High Court - Orders

Dr.Sanjay Kumar Mishra vs The State Of Bihar & Ors on 12 August, 2011

Patna High Court – Orders
Dr.Sanjay Kumar Mishra vs The State Of Bihar & Ors on 12 August, 2011
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CWJC No.8414 of 2011
                    Dr.Sanjay Kumar Mishra, son of Sri Suryakant Mishra, resident of
                    village - Ram Nagar, P S - Rahika, District - Madhubani, presently
                    residing at E.W.S. 80, Harmoo House Colony, Ranchi (Jharkhand).
                                                                 ______ Petitioner
                                                     Versus
                    1. The State of Bihar through the Principal Secretary, Department of
                        Health Education, Govt. of Bihar, Patna.
                    2. The Bihar Combined Entrance Competitive Examination Board,
                        I.A.S. Association Building, Near Patna Airport, Patna through its
                        Secretary.
                    3. The Controller of Examination of Bihar Combined Entrance
                        Competitive Examination Board, I.A.S. Association Building,
                        Near Patna Airport, Patna.
                                                                  ______ Respondents
                                                -----------

For the petitioner: M/S. Shiya Ram Shahi and Md. Anisur Rahman.
For the BCECE Board: Mr. Vikas Kumar.

For the State : Mr. Arun Kumar Prasad, AC to GA 4.

——

05. 12 .08.2011 Petitioner wants a direction upon the respondent

authorities to permit him to take admission in MD(Ayurved) in

Dravaya Gun. He claims a right for such admission on the basis

of the result published by the respondent Bihar Combined

Entrance Competitive Examination Board i.e. Respondent No.2.

He claims that the respondents have not only acted arbitrarily by

not allowing him to be admitted into the said course but have

also violated the terms of the advertisement as well as the merit

list which was notified by the respondents. He submits that

based on the merit list in the general category he would have

been the only choice for being offered a seat in Dravaya Gun but

illegally yet another person namely Chandrajeet Kumar who was

placed in the BC category having Roll No. 30139 at Serial No. 7

was admitted at the cost of the petitioner. By allowing such a

jump the right of the petitioner has been taken away in the garb
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of providing opening to persons falling in the reserved category.

Counter affidavit has been filed on behalf of

respondent Nos. 2 and 3. They submit that there is no wrong

doing with regard to the admission in the course or subject

which has been offered to the candidates based on their

respective merit position as well as the reservation policy, which

is followed in the State. In the counter affidavit the details of the

seat and the course which were available for admission have

been indicated. Counselling in this regard was held on

28.4.2011, which was strictly on merit cum choice basis.

Names of candidates who were given admission in various

courses have been listed seriatim wise in para 8, which

according to them does not suffer from any vice. They have

explained that one Dr. Amod Prakash, Roll No.30132, merit

position Gen-04 and also BC-02, instead of opting for a single

seat of Dravayagun course available in General Category at his

merit, preferred to opt for the single seat of Ras-Shashtra

course available at his BC-02 merit serial. This was a case of

jumping from General Category to Reserved BC category

which required compensation as per resolution of Health

Deptt. Vide Memo No.224(26)/26 PGMAT-2-6/95/Health dated

14.11.1995. Accordingly Ras-Shashtra course was allotted to

him and the last seat of Dravayagun course available in General

Category was made available to BC category as compensation

and the same was allotted to Dr. Chandrajeet Kumar, Roll
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No.30139, Merit Serial – BC-03 on the basis of merit-cum-

option.

In this connection para -9 of the call letter

No.99/2011 dated 7.4.2011 enclosed with this writ application

as Annexure-4 clarifies that the candidates belonging to

different reservation categories, who have qualified in General

merit list as also in their respective reserve category merit list,

such candidates of General category will be allowed to exercise

their option of Institution/Course against the seat available in

their respective reserve category also at their merit position and

will not be adjusted / counted against such reserve category

seats.

Para-9 (A) (iv) of the prospectus of PGMAT-2011

also provides that the candidates of reserve categories,

competing in General Merit list will not be counted against

reserve category seats. Such candidate will have the option for

General as well as the concerned reserved category seats. But if

the seat of reserved category gets exhausted due to their

option, it will be compensated from the seats of General Merit

list (Category).

All this clarification or the reason explained by the

respondents is based on the letter issued by the Department of

Health way back on 14.11.1995, which in terms had to be issued

on the basis of decisions rendered by the High Court on such

matter. Details of which have been indicated in para 2 of the
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said letter being Annexure-B to the counter affidavit, which is in

existence since 1995 and has been implemented strictly in letter

and spirit and has been applied to the present case.

Thus, the submission of the counsel for the

petitioner is very imaginary rather than based on actual state of

affairs. Since parity has been maintained and opening has been

provided to the persons belonging to reserved category in terms

of the direction or the decision of the Government in terms of

Annexure-B and that does not have the effect of changing the

percentage of reservation, this petitioner as a matter of right

cannot claim admission into Dravayagun on merit position.

If Dr. Amod Prakash had not opted for Ras-Shashra

course by jumping to the reserved category of BC category,

there may not have an occasion to apply the principle of

compensation by giving an opening to yet another person

namely, Dr. Chandrajeet Kumar on the basis of Annexure-B.

But since Dr. Amod Prakash had a right to claim admission in a

better stream by virtue of his position even in reserved category,

1995 circular came in the way of the petitioner which he is

looking for.

In the totality of the facts and the circular there is no

arbitrariness nor does a right in favour of the petitioner accrue

for admission in the stream which he was looking for.

Writ has no merit. It is dismissed.

rkp                                               ( Ajay Kumar Tripathi, J.)
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