Alka Kumari vs State Of Jharkhand And Ors

The present case is taken up today through Video conferencing.

The present writ petition has been filed for issuance of direction upon the respondents, particularly the respondent nos. 2 and 3 to declare the petitioner as successful in the second round of counselling and to recommend as well as allot her a seat in B.SC. Nursing (Basic) Course in the Nursing College, Rajendra Institute of Medical Sciences, Ranchi in the Academic Session 2020-21. Further prayer has been made to set aside the recommendation of the candidate in the second round of counselling (declared as per the list released online on 28.01.2021 - Annexure-8 to the writ petition) by reasons of which the petitioner's candidature has been ignored and a candidate having lower rank than her, has been selected under the scheduled tribe category.

Learned counsel for the petitioner submits that the Jharkhand Combined Entrance Competitive Examination Board, Government of Jharkhand (respondent no.2) invited applications by floating Advertisement No. JCECEB/21/20/53 dated 10.08.2020 with respect to B.Sc. Nursing (Basic) and B.Sc. Nursing (Post Basic) courses for the Academic Session 2020-21. The petitioner filled up the form and appeared in the said examination. On publication of the result, the petitioner got over all rank of 189 as would be evident from the list of the candidates annexed as Annexure-4 to the writ petition. It would further be evident that rank of the petitioner under ST category is 21. The petitioner was thus eligible to participate in the second round of counselling as she fulfilled all prescribed requirements including remittance of the fee for the counselling on 25.01.2021. After conclusion of the second round of counselling, the respondent nos. 2 and 3 published the list of candidates making provisional recommendation for admission. It is further submitted that though a candidate namely Vinita Minz who has got over all rank 193 as well as rank 22 under scheduled tribe category having got lower rank than the petitioner, has been recommended for admission in the said course. The respondent nos. 2 and 3 however have not communicated any reason to the petitioner as to why her name has not been recommended for admission in the said course. Hence, the present writ petition.

Mr. A.K. Mehta, learned counsel for the respondent nos. 2 and 3, submits that the said respondents made query from the outsourced agency appointed by them namely 'Merit Track' to specify the reason as to why the petitioner has not been allotted a seat in counselling though a candidate having lower rank than her falling in the same category has been allotted a seat. In response to the said query, the agency replied through e-mail on 02.03.2021 disclosing the fact that the petitioner did not complete choice filling process by selecting 'Institute's Name' and 'Course Name' in the online counselling process, hence the system was unable to store any valid choice filling data for the said candidate. Had the petitioner completed the choice filling process by selecting 'Institute Name' and 'Course Name' from the given options, she would have certainly been allotted a seat under scheduled tribe category being above the candidates who have been offered the said course. It is further submitted that the Indian Nursing Council vide notification bearing F.No.1-6/(LT)-2020-INC dated 24.12.2020 has fixed the last date of admission of Collegiate Programme i.e B.Sc.(N) as 28.02.2021 and therefore the respondent-Board has not made any recommendation for admission after the said date.

Heard the learned counsel for the parties and perused the materials available on record. Admittedly, a candidate securing lower in rank than the petitioner under scheduled tribe category has been recommended for admission. The reason behind such action explained by the respondent nos. 2 and 3 in their counter affidavit is that the petitioner did not fill the name of Institute and course during online counselling process for allotment of seats.

So far non-filling of the name of Institute by the petitioner during the online counselling is concerned, on bare perusal of Advertisement No. JCECEB/21/20/53 dated 10.08.2020 annexed as Annexure-1 to the writ petition, it would be evident that there is only one institute i.e Nursing College, RIMS, Ranchi mentioned for the said course. The other ground for rejection of the candidature of the petitioner is non-filling of the name of course. However on perusal of the application form of the petitioner (Annexure-2 to the writ petition), admit card issued to her by the Board (Annexure-3 to the writ petition) and the payment receipt for counselling (Annexure-6 to the writ petition), it would be evident that the petitioner had applied for the course of B.Sc. Nursing (Basic).

In view of the aforesaid facts and circumstance, I find that both the mistakes alleged to have been committed by the petitioner during on-line counselling were not serious/fatal in nature and non-filling of the said particulars during counselling has not made any difference in her entitlement. Moreover, on the submission of the learned counsel for the respondent-Board that one seat is vacant in scheduled tribe category in the said course, this Court vide order dated 02.03.2021 had directed the respondent nos. 2 and 3 not to fill up one remaining vacant seat under the said category. The respondent-Board in its counter affidavit has also made specific averment that one seat is still available under scheduled tribe category and the last date of admission has already expired on 28.02.2021. Learned counsel for the petitioner contends that the petitioner is an indigent girl who has somehow managed to file the present writ petition through "Jharkhand State Legal Services Authority".

Considering the facts and circumstance of the present case and keeping in view the conscionable justice to be rendered to the petitioner, the respondent nos. 2 and 3 are directed to forthwith recommend the petitioner's name for her admission in B.Sc Nursing (Basic) Course for the session 2020-21 and the respondent nos. 4 and 5 are directed to take her admission for the said course on receiving the recommendation from the respondent nos. 2 and 3.

It is however observed that the present order is being passed in peculiar facts of the case and it shall not be treated as precedence for other candidates as the time schedule provided by the Indian Nursing Council vide notification dated 24.12.2020 is required to be strictly adhered to by the respondents for the purpose of admission in the courses advertised vide Advertisement No. JCECEB/21/20/53 dated 10.08.2020.

The writ petition is accordingly disposed of.