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| HC directs GMC Chandigarh to grant admission to petitioner in Common Pool Quota | | | EARLY TIMES REPORT
JAMMU, Oct 20 : In a petition filed by Taseen Niaz Malik seeking a direction for his admission in MBBS course in Government Medical College, Chandigarh against Central Pool Quota seat allotted to the Union Territory of Jammu and Kashmir.
Justice Rajesh Bindal after hearing Adv Navyug Sethi for the petitioner, observed that in case the candidate is not at fault and had been following his case diligently, he should not be denied admission. The admission can be granted even in next session with a direction to create additional seat.
At the time of hearing it transpired that the Government Medical College, Chandigarh has the sanctioned strength of 150 seats for MBBS. The petitioner is a sufferer of the circumstances, which were beyond his control. He had been nominated for admission for the session commencing in 2019-20, however, could not get admission.
Hence, in my opinion, a direction is required to be issued to the Government Medical College, Chandigarh to grant admission to the petitioner in the session commencing in 2020-21. For the purpose, one additional seat shall be created as no other candidate in any of the category, who is to get admission in the college for the current session should suffer on this account. The college will complete the formalities required for the purpose.
Justice Bindal further observed that as far as the argument raised by learned counsel for the Medical College that this Court does not have the jurisdiction to entertain the lis, suffice to state that it is not a case related to admission in the Government Medical College, Chandigarh only, where the petitioner was to apply and participate in the counseling, which was to take place at Chandigarh.
It is a case in which the petitioner was nominated by BOPEE in J&K for admission against Central Pool Quota seat to the Government Medical College, Chandigarh.
The process of selection for nomination for Central Pool Quota seats was carried out in J&K. After his nomination, the petitioner was just to approach the college for deposit of fee and he was not able to participate in counseling. The cause of action is a bundle of facts and if seen in totality, part of cause of action had arisen in J&K, hence this court has the jurisdiction to entertain the lis.
As far as award of compensation to the petitioner is concerned, in addition to the admission in the current session is concerned, the argument has to be noticed and rejected for the reason that it is not a case in which fault can solely be attributed to the Medical College for denying admission to the petitioner.
It was on account of prevailing circumstances in the Union Territory of J&K (erstwhile State of J&K) that the process of nomination was delayed and thereafter the Medical College had been directed for admission of a student by the Supreme Court.
The action was taken by it considering that one seat was lying vacant. In fact, for filling up that seat, the matter had earlier been taken up with Medical Council of India.
However, as usual no response was given by the authority concerned. It’s nothing else but shirking responsibility. Hence, in my opinion, the petitioner does not deserve to be granted any compensation.
Court further observed that the argument raised by counsel for the respondents that there is no prayer made in the petition for grant of admission for the current session, hence, the writ petition deserves to be dismissed.
The argument does not carry any weight as prayer made in the writ petition is for grant of admission to the petitioner to the first year MBBS course in the 2019-20 session, in view of the selection and recommendations made by the respondent Nos. 2 and 3 under Central Pool Quota allotted to J&K, vide communication dated 27.09.2019. Omnibus prayer is also there in the writ petition.
In any case, the courts can always mould the relief, which a litigant deserves to be granted instead of pushing him to protracted litigation and keeping the matter pending. (JNF)
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