Showing posts with label Rule of game can't be changed at the midst. Show all posts
Showing posts with label Rule of game can't be changed at the midst. Show all posts

Wednesday, November 2, 2022

Orissa HC quashes revised merit list for MBBS-BDS admission that puts disabled applicant from 5th to 33rd position.

Court:  High Court of Orissa at Cuttack

Bench: Dr. Justice B.R. Sarangi, and  Mr. Justice G. Satapathy, Justice

Case No. W.P (C) No. 28438 of 2022

Caste Title: Abhisek Bhabani Panda Vs.  State of Odisha and others

Date of Judgemement: 02.11.2022 

Case Brief:

A bench of Orissa high court quashed the revised merit list published by Odisha Joint Entrance Examination (OJEE) for admission into MBBS-BDS courses saying that it can't be changed unilaterally because a right has already been accrued in favour of the candidates whose name finds a place in the final merit list.

"It is well settled in law that once the rule of the game is started, the same cannot be changed at the midst," observed the two-judge bench of Justice B R Sarangi and Justice Gourishankar Satapathy. The October 19 revised merit list was published while counselling was on after the final list was out on October 18, 2022.

The petitioner whose name found mention in 5th place in the Disability category in the final merit list, had filed a petition seeking intervention against the revised list that had put his name in 33rd position, as it reduced his chances of getting admission in a government college. 

The bench said the merit list should not have been revised causing problem for candidates. "Needless to say, the final merit list was published by the authorities in consonance with the law and pursuant to the advertisement issued by them as well as the prospectus provided for. But in the name of subsequent change of law, publication of the revised merit list in the midst itself causes great prejudice to the candidates, who had already been selected," the bench observed in the order.

"This court is of the considered view that the revised final state merit list for MBBS/BDS admission 2022-23 (after the 1st round) of OJEE-2022, dated 19.10.2022, cannot sustain in the eye of law and the same is liable to be quashed and is hereby quashed." ruled the bench.

It further ruled, "As such, the final merit list prepared by the authority vide Annexure-5 dated 18.10.2022 stands as it is, so far as physically challenged category is concerned. The opposite party nos.2 and 3 are directed to extend the benefit admissible to the physically challenged category candiates, in terms of the final State merit list published for MBBS/BDS admission 2022-23(After the 1st round) of the Odisha Joint Entrance Examination (OJEE-2022) under Annexure-5 dated 18.10.2022. As the counselling is going to expire on 04.11.2022, the petitioner shall be given opportunity to participate in the counselling.

Read the order/judgement here: