Jyotismita Joshi vs State Of Chhattisgarh

Heard.

The students/ petitioners are before this Court seeking a prayer that they are the aspirants for BDS / B.Sc course and they may be allowed to register and participate in the stray vacancy round for the reason that the earlier counseling and mop-up round have already come to an end with the efflux of time.

Learned counsel for the petitioners submitted that as per the direction issued by the Medical Counselling Committee (MCC) for all India quota and stray vacancy, under graduate counseling they are required to be registered as per direction of the MCC which includes that the registration during the mop-up round may be required, but, to participate in the stray vacancy round for all India quota, Central University AIIMS for MBBS/ BDS/ B.Sc Nursing, no registration would be required. However, the petitioners are not allowed to participate, on the ground that they have not initially registered for counseling as per the Clause 7 sub-clause (v) of the Chhattisgarh Medical, Dental and Physiotherapy Under-graduate Admission Rules, 2018 (for short 'the Rules, 2018'). She further submitted that for participation in stray vacancy round, no registration would be required, therefore, denial of participation to petitioners for stray vacancy round for BDS/ B.Sc Nursing course would be illegal, as for the stray vacancy round for BDS / B.Sc Nursing course, the State has to follow the Schedule loaded by MCC, therefore, the petitioners may be allowed to participate by registering in the stray vacancy round.

Per contra, learned State counsel would submit that the Clause 7 sub-clause (v) of the Rules, 2018 do not allow such registration when once they have missed after the first instance and if such registration is allowed at this stage, it would open the entire admission process and admission cannot be concluded at any point of time. She would further submit that the registration is required to be open for all and not just for petitioners and the persons who are already in the merit list their seats may be disturbed.

The petitioners are the students who are aspirants to be admitted in the BDS/ B.Sc Nursing course. Admittedly, they could not get selected for want of registration in the first, second, or mop-up round. At this moment, the mop-up round has came to an end. The petitioners aspire to participate in the stray vacancy round for the seats which are left open after the end of mop-up round. The State refers to Clause 7 Sub-clause (v) of Rules, 2018 which reads as under :-

“ऑनलाइन आवेदन एवं पंजीयन की प्रक्रिया मात्र प्रथम काउंसिलिंग के पूर्व उपलब्ध होगी । प्रवेश के इच्छुक सभी पात्र अभ्यर्थियों को इस आवेदन प्रक्रिया पूर्ण करए पंजीयन कराना अनिवार्य होगा । यदि इन पंजीकृत आवेदकों के काउंसिलिंग प्रक्रिया में सम्मिलित होने के उपरान्त भी यदि सीटे रिक्त रह जाती हैए तो संचालक के निर्णयानुसार नया पंजीयन कराया जा सकेगा ।”

Reading of the sub-clause (v) of Clause 7 of the Rules, 2018 which purports that the online application and registration would be available before first counseling and after registration and participation of the student in the counseling if the seats are vacant, the Director Medical Education (DME) would be empowered to get fresh registration.

Reading of Sub-clause (v) therefore, do not completely prohibitate the registration after the period of time if the seats are left even after the first, second and mop-up round.

The attachment which is filed by the petitioners, the instructions of MCC for online stray vacancy round do not show requirement of fresh registration, but, the Rules, 2018 framed by the Chhattisgarh State speaks about registration, but, with exception that in case if seats are vacant, the Director Medical Education (DME)/ respondent No.2 would be empowered to issue fresh registration. In the backdrop of the fact if the seats in the BDS/ B.Sc Nursing course are still vacant and the stray vacancy round has not commenced, subject to the merit of the petitioners, in our opinion they would be entitled to participate in the stray vacancy round for BDS /B.Sc Nursing course. In our considered view, in a situation of this case, merit cannot be given a back seat when the stray vacancy round is open for all.

Accordingly, it is ordered that the Director Medical Education / respondent No.2 would allow registration of the petitioners in stray vacancy round to allow them to participate for their candidature in the BDS/ B.Sc Nursing course.

In view of above observation, the instant petition stands disposed of.

Certified copy today.