TMI Blog1993 (11) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... admit respondent 2, after creating an additional seat on compassionate ground. 2.The respondents aforesaid appeared at the Premedical Test conducted in May 1992. In the merit list of candidates belonging to backward areas, the position of respondent 1 was at serial No. 9 whereas that of respondent 2 was at serial No. 10. There is no dispute that in the application form which had been filed on behalf of respondent 1 for the aforesaid test, no claim was made on her behalf for admission against a seat reserved for backward area. So far respondent 2 is concerned, in her application form she claimed admission against a seat reserved for backward areas and in support of her said claim she also enclosed a certificate as required by the prospec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of the respondents should not be treated as precedent, because direction had been issued for the admission, in view of the peculiar facts of the case. 4.The stand of the appellant-State is that the application for admission of respondent 1 cannot be considered, against a seat reserved for candidates coming from backward area, in view of the fact that no such claim was made on behalf of respondent 1 and it was only at a later stage, after the prescribed date, a certificate was forwarded on behalf of the said respondent, claiming admission even as a candidate belonging to the backward area. 5.The Dental Council of India has appeared and filed an affidavit, saying that the number of seats are fixed and the High Court should not hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. On behalf of the State, a firm stand was taken that there is no other seat vacant than the one due to withdrawal of the admission of aforesaid Sanjiv Goyal. 8.The admission in medical course throughout India is governed by different statutory provisions, including regulations framed under different Acts. During last several years efforts have been made to regulate the admissions to the different medical institutions, in order to achieve academic excellence. But, at the same time, a counter-attempt is also apparent and discernible, by which the candidates, who are not able to get admissions against the seats fixed by different statutory authorities, file writ applications and interim or final directions are given to admit such pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against that seat respondent 2, Savita Gera, has a better claim, because her application was in proper form along with proper certificate that she belonged to a backward area. No such claim had been made on behalf of respondent 1, Renuka Singla, and no certificate in support of said claim had been filed on her behalf. Respondent 2, Savita Gera, should be admitted against the seat which had fallen vacant due to withdrawal of the admission by Sanjiv Goyal. 10.On behalf of Renuka Singla, it was pointed out that pursuant to the order passed by the High Court, she has been admitted and because of her admission in the BDS course she has left BAMS course. It is not possible to issue a direction that she be again admitted to BAMS course. But, if ..... X X X X Extracts X X X X X X X X Extracts X X X X
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