Sabarna Mukherjee vs State Of West Bengal & Ors

Tapabrata Chakraborty, J

Mr. Basu, learned senior advocate appearing for the petitioner submits that the petitioner emerged to be successful in the National Eligibility-cum-Entrance Test (UG), 2019 {In short, NEET (UG)} examination and secured All India ranking 54125. The notice for college level mop up counseling was issued on 14th August, 2019 and the period for allotment-cum-admission was from 16th August, 2019 to 18th August, 2019. The petitioner, however, did not come within the zone of consideration for allotment in the said college level mop up counseling. Subsequent thereto, the petitioner came to learn that in a writ petition being W.P.A 344 of 2019 preferred by one Sandip Mondal, an order had been passed on 20th August, 2019 directing that "in the event there are actually vacant posts to which the petitioner is entitled to get admitted" the respondent no.2 therein being the University shall provisionally admit the writ petitioner.

Similar writ petitions were preferred by six other persons and in the same, similar orders were passed.

Mr. Basu submits that the writ petitioner in W.P.A No.344 of 2019 is below the rank of the petitioner. In the event the said writ petitioner is admitted, the petitioner herein would be prejudiced and discriminated. Being a candidate higher in rank, the petitioner is also entitled to admission in the vacant seats as persons lower in rank to the petitioner had been accommodated.

Mr. Supratic Roy, learned advocate appearing for the University submits, upon instruction, that provisional admission was granted to seven persons as per the orders passed in W.P.A 343 of 2019, W.P.A 344 of 2019, W.P.A 346 of 2019, W.P.A 347 of 2019, W.P.A 361 of 2019, W.P.A 362 of 2019 and W.P.A 364 of 2019 and that there are two more seats which have fallen vacant since the candidates surrendered their admission. Let the written instruction, as produced, be kept on record.

Mr. Roy, learned advocate appearing for MCI contends that all admissions must be given in terms of the merit list ranking and within the cut off dates.

Prima facie, it appears that provisional admission has been granted to candidates who had secured a rank below the petitioner. In the writ petitions, as referred to above, the Court directed the authorities to grant provisional admission and pursuant to such orders, provisional admission has been granted. It appears from the order dated 20th August, 2019 passed in W.P.A 344 of 2019 that the Court had directed provisional admission in "vacant post to which the petitioner is entitled to get admitted". Such entitlement, in my opinion, should be subject to merit ranking. All the writ petitions, as referred to above have, however, been disposed of. In view thereof, even in the event admission has been granted to the writ petitioners in the said writ petitions, the same continues to be provisional.

The entire selection process for admission is based on merit and candidates can only be admitted provided they come within the zone of consideration on the basis of their respective ranking.

In view thereof and to finally decide the issue, I am of the opinion that the writ petitioners in the above stated writ petitions should be impleaded in the present writ petition.

Accordingly, this Court directs Mr. Supratic Roy, learned advocate appearing for the University to supply the names and particulars of the writ petitioners in the above stated writ petitions to the learned advocate on record of the petitioner by Monday (02.09.2019). Immediately upon receipt of the said names and particulars, the writ petitioner shall serve copies of the writ petition and the present order upon the added respondents and file an affidavit-of-service on the returnable date. The learned advocate on record of the petitioner is granted leave to make necessary correction in the cause title of the writ petition.

There shall be an interim order restraining the respondents from finalizing the provisional admissions as granted to the writ petitioners in the above stated writ petitions and from filling up two seats, which have fallen vacant since the candidates surrendered their admission, till 16th September, 2019 or until further orders whichever is earlier.

List this matter for further consideration in the daily supplementary list of this Court on 6th September, 2019.