Petitioners challenging refusal of admission into Para Medical Dental courses despite Board recommendations. Court directed State to initiate strict action against non-compliant institutions.
Direct respondent to act forthwith against institutions refusing admission; application disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3019 of 2012
======================================================
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. K.P. Gupta Sc16
Mr. Vikas Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
3 24-07-2012 Heard learned counsel for the petitioners, the State and for the Bihar Combined Competitive Examination Board ((hereinafter referred to as the Board).
The petitioners are stated to have been applicants for the diploma certificate entrance competitive examination, 2011 held by the Board for admission into the Para Medical Dental (P.M.D.) (Secondary level and Intermediate level) in different institutions including the Central A.N.M. Training Institute, Khabra at Muzaffarpur.
It is submitted that they appeared for counseling on 11.11.2011 and were allotted the aforesaid institute for
Patna High Court CWJC No.3019 of 2012 (3) dt.24-07-2012
2
pursuing the course notwithstanding which the institute was not admitting them. The State Government has made news paper publication as appended at Annexure-8 and 9 that it had been brought to its attention that certain private institutions were not granting admissions despite the recommendations of the Board after counseling warning that appropriate action shall be taken against them. All this has been to no avail.
Learned counsel for the Board stands by the counseling and recommendation made by it. Notices have been validly served on Respondent Nos.4 and 5 but no one appears on their behalf to oppose the application. There is no material before the Court to suggest that there are any issues with regard to recommendation made by the Board after counseling and more appropriately in view of the paper publication made by the Board.
Learned counsel for the petitioner invites the attention of the Court to the letter dated 22.12.2011 written to several institutions including Respondent Nos.4 and 5 cautioning them to grant admissions to candidates recommended by the Board failing which strict action shall be taken against the institutions.
Let the petitioners appear before Respondent No.5 along with a copy of the present order. If admission is not immediately granted to them, the Court directs the State
Patna High Court CWJC No.3019 of 2012 (3) dt.24-07-2012
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Government in the Department of Health to act forthwith in accordance with its own communication dated 22.12.2011 by initiating appropriate strict action against the institution as already indicated by it, in accordance with law.
The application stands disposed.
(Navin Sinha, J)
K.C.jha/-
1 issue framed by the court
Whether the Court should direct the State Government to take action against institutions refusing admission to Board-recommended candidates.
Archana Kumari
Namisha Kumari
The State Of Bihar
The Principal Secretary, Health Services, Bihar
Bihar Combined Entrance Competitive Examination Board
Central A.N.M. Training Institute, Khabra
Navin Sinha
As recorded by the court registry
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