Sh. Prashant Srivastava vs C.B.S.E. & Ors.
2000 Latest Caselaw 924 Del

ORDER

Arun Kumar, J.

1. Petitioner has filed this petition in which the primary relief he seeks is the allotment of a seat in the MBBS/BDS Course in the second round of allotment which is to start from 9th September, 2000.

2. The petitioner appeared in Class-XII examinations in March, 2000 conducted by Central Board of Secondary Education. Results of such examinations are normally announced in the end of May or early June every year. However, Central Board of Secondary Education also conducts All India Pre-Medical/Pre-Dental Entrance Examinations (PMT) which is normally conducted before the Class-XII results are announced. Therefore, those who appear in Class-XII examination are also allowed to take the PMT examination even when the Class-XII results are not declared. This examination was conducted on 14th May, 2000 and petitioner also appeared in the examination.

3. Result of Class-XII examination was declared on 30th May, 2000. As luck would have it, petitioner although secured 60 or more marks in four papers, in Biology he could secure 42 marks. Passing marks for this subject being 45, he was given compartment in Biology and for this paper he appeared in Supplementary examination which was held on 3rd August, 2000.

4. In so far as PMT examination is concerned, result was declared on 14th July, 2000. Petitioner secured merit position/rank No.117 in All India Pre- Medical/Pre-Dental Entrance Examination, 2000. Needless to mention, approximately two lakh students appeared in the said examination, and therefore, rank No.117 is very commendable and high. As per his rank in the merit list petitioner was to appear for allotment of a seat by personal appearance, in the first round of allotment which started on 2nd August, 2000. However, the result of Supplementary examination in Biology paper taken by the petitioner had not been declared and as per the Rules, respondents would not have allowed the petitioner to participate in the allotment process in the first round. The result of Supplementary examination in the Biology paper taken by the petitioner was declared on 30th August, 2000 and petitioner secured 53 marks. Accordingly he was declared passed in 12th examination. Equipped with this result, petitioner approached respondents for considering him for allotment of a seat in the MBBS/BDS course and requested that a personal appearance be allowed to him in the second round of allotment which is to commence from 9th September, 2000. He also made a written representation to this effect. However, as his request was turned down, petitioner has filed this writ petition praying that he may be considered for allotment of a seat in the second round of allotment.

5. This petition came up for hearing on 5th September, 2000 and notice was issued for 7th September, 2000 i.e. today. Notice was accepted on 5th September, 2000 in the Court by Mr. Anil Kumar on behalf of respondents 1 and 2 and Ms. Rekha Palli for respondent No.3.

6. Both the counsel for respondents today made oral submissions stating that they do not wish to file the counter affidavits and with the consent of the parties, matter was taken for final arguments and disposal, keeping in view the urgency involved in this matter.

7. Admittedly, in the first round of allotment candidates from S.No.1 to 2000 in the merit list were called. Still certain seats are left and second round of allotment is to start from 9th September, 2000 and persons in the merit list at S.No. 2001 and below would be called for allotment. Before this exercise is done, the candidates who were allotted a seat in the first round and who wish to change their allotted college/course and wish to join the same against some vacancies arising due to non-joining of the candidates in the first round of personal appearance would first be called.

8. Our attention has been drawn to the judgment dated 7th September, 1999 passed by Division Bench of this Court in LPA No.385 of 1999 entitled Neha Kattyar Vs. The Central Board of Secondary Education & Ors. The facts of that case are almost identical as that of the present case. That was also a case where the appellant had to appear in supplementary examination. She had also appeared in the PMT and was placed in merit list at S.No.794. By the time result of this supplementary examination was declared, first round of allotment was over which she missed and she had also filed writ petition seeking direction against the respondents to allot her the seat in the second round of allotment. Although her writ petition was dismissed by the Single Bench, the Division Bench by the aforesaid judgment allowed her appeal and directed the respondents to consider her at the time of second round by personal appearance as a candidate having successfully passed the qualifying examination. It was held that once the appellant passed supplementary examination of Class-XII, result of that would relate back to the first appearance in the said examination. The effect is that it would be treated as if the candidate had passed the Class-XII examination on the date when the result was declared initially. On the basis of this analogy in the present case, it would be deemed that the petitioner passed the Class-XII examination on 30th May, 2000. The present writ petition, therefore, warrants to be allowed following the aforesaid judgment dated 7th September, 1999 in LPA No.385/1999.

9. A direction is accordingly issued to the respondent No.3 to allow the petitioner to appear in the second round of allotment which is to start from 9th September, 2000. Since the ranking of the petitioner in the merit list is at S.No.117, petitioner would be considered in accordance with the said ranking. The effect of that would be that when the second round of allotment starts and candidates who are allowed a seat in the first round are to be considered for change of their allotted college/course, the petitioner shall be considered along with these candidates as per his ranking in the merit list. In this respect we may mention that based on the direction of Supreme Court judgment the respondent No.3 has prepared a scheme relating to admission in MBBS/BDS course on the basis of All India Entrance Examination. As per para 7 of the said scheme, the allotment is to be made in order of merit, out of the seats available for allotment at his/her rank, through computer. Although it is stated in para 11 that the candidates who fail to appear on notified date in person or through his/her authorised representative shall forfeit the claim for a seat under All India quota. This provision will not apply to the situation like the present as the petitioner was prevented from appearing in the first round due to non-declaration of his result of supplementary examination of Central Board of Secondary Education over which he had no control.

10. Before parting we may point out that Class-XII examination is conduct- ed by Central Board of Secondary Education. Likewise, All India Pre-Medi- cal/Pre-Dental Entrance Examinations (PMT) is also conducted by Central Board of Secondary Education. The Central Board of Secondary Education is, therefore, aware of the fact that the persons who qualify in the PMT are called by respondent No.3 for allotment of seats. There is a fixed schedule in this respect. Dates are known to Central Board of Secondary Education. Therefore, to avoid such problems in future, it would be advisable if Central Board of Secondary Education endeavours to declare the result of supplementary examination before the date when first round of allotment of seat is commenced. If Central Board of Secondary Education is able to achieve this, the problem of the kind which has come before us can be avoided.