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Judgment
N. Kumar, J.—This writ petition is filed seeking a writ of mandamus to consider the letter written by the petitioner dated 3.10.2012 and provide admission to the petitioner to MBBS Course in 4th respondent College in accordance with the admission order at Annexure-D or in the alternative, a direction to the 2nd respondent to provide admission to the petitioner considering her merit in any other college for MBBS Course in Bangalore. The petitioner is a student belonging to Schedule Caste. She appeared for the Common Entrance Test conducted by the 2nd respondent for the year 2012 bearing CET No. AH 133. Even in the year 2011, she had appeared for the Common Entrance Examination. Though, she secured a medical seat, she was unable to take up the same due to financial constraints and had opted to go for a Civil Engineering at University Visveswaraya College of Engineering, Bangalore, and has completed her 1st semester there. As her true interest lies in the field of medicine, she appeared for Common Entrance Exam (CET) 2012 in the hope of securing a medical seat. The petitioner has secured medical rank 7876 in the CET, 2012 and subsequently, she had her option entry on 18.9.2012 and on 23.9.2012, she was allotted seat in the 4th respondent College. When she approached the 2nd respondent for her admission order, she was informed by the Public Relations Officer of the 2nd respondent that she has to get a transfer certificate from the institution that she is currently studying at College i.e., University Visveswaraya College of Engineering (UVCE), Bangalore, to obtain admission order in the 4th respondent college. Accordingly, she made an application to UVCE for her transfer certificate on 24.7.2012. Soon there after wards, she submitted to the 2nd respondent who had given her admission order in the 4th respondent College on 27.9.2012. She was informed that the last date for reporting to the 4th respondent College is on 27.9.2012. As it was impossible for her to reach Mangalore on 27.9.2012, she was instructed by the Public Relations Officer to call up the 4th respondent College and to inform them about the said development and request them to give her extension by one day to enable her to secure admission in their college. When she contacted the 4th respondent College, there was no proper response from their end and they cut her call. When she informed the same to the 3rd respondent, she was instructed by him to go to Mangalore and he assured that she will not be denied admission by the 4th respondent College. Hence, the petitioner along with her father left for Mangalore on 27.9.2012 and reached the 4th respondent College on 28.9.2012. They refused to admit her on the ground that admissions were closed on 27.9.2012. She returned and approached the 2nd respondent where she was given assurance by them that her seat will be secured and subsequently, she placed all the circumstances by her letter dated 3.10.2012 and addressed a letter to the 1st respondent seeking admission and as the same did not elicit a favorable reply, she was constrained to file this writ petition.
When the matter was listed before this Court on 10.10.2012, we directed the learned standing counsel for respondent No. 1 to 3 to take notice and directed emergent notice to the 4th respondent and the matter was again listed on 11.10.2012, on which day, time was sought as to what can be done in the circumstances of the case.
Today, an affidavit of Sri S.P. Kulkarni, an Administrative Officer of the 3rd respondent is filed. He has set out the procedure for allotment of a seat, payment and the date within which the students must get the admission and other legal requirements. He has also admitted that he did his best to get the seat to the petitioner in the 4th respondent College. When they did not respond properly, he felt helpless. Thereafter, he has referred to the Reconciliation Meeting of Medical and Dental Colleges on 28.9.2012 by the 2nd respondent to identify the not reported/vacant seats. It is also submitted that although all the seats which fell vacant by students of the Government quota, not reporting is now filled up by the Colleges, but however, at the time of reconciliation they found two seats in the Government quota are not filled up i.e., one is at Mandya and another at Bidar. The 1st respondent also confirmed the said vacancy. In the light of the facts stated above, the petitioner has secured a seat on merit. Due to procedural wrangle, she could not reach Mangalore. The College 4th respondent taking advantage of her helplessness have not only denied admission to her, but have also filled up the seat. Technically they are right, but that is not the way the educational institution should conduct itself. However two government seats are available.
In this petition the question that arise for consideration is; whether the 4th respondent was justified in denying the seat to the petitioner?
Without going into the said matter as the petitioner is willing to continue her studies at Mandya Medical College, justice could be done to her by directing the respondent. No. 1 and its Authorities i.e., Director of Medical Education to allot that vacant seat at Mandya Medical College to the petitioner, so that she could pursue her studies. Though, the cut off date to the admission to the medical colleges is fixed as 30.9.2012, in the facts of this case when the petitioner had the requisite merit, she was allotted a seat and she was prevented from the circumstances beyond her control in joining the College, the Authorities shall not put forth the excuses of cut off date in the peculiar facts of the case and she shall be admitted to the college.
Hence, we pass the following.
ORDER
I. The writ petition is allowed.
II. The 1st respondent and its instrumentalities i.e., the Director of Medical Education is directed to allot the vacant medical seat available in the Mandya Institute of Medical Sciences, Mandya, to the petitioner herein forthwith.