IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8537 of 2011 Md.Asfan Khan, son of Abdul Mannan Khan, resident of C/O Abdul Nasir Khan (Retd. D.J.) M.M. Colony, Siwan, P.S.- Town Thana Siwan, District- Siwan. ………… Petitioner Versus 1.The State Of Bihar 2.The Director-in-Chief, Department of Health, Govt. of Bihar 3.Bihar Combined Entrance Competitive Examination Board, Govt. of Bihar, I.A.S. Association Building, Near Patna Airport, Patna-14 4.Controller of Examination, Bihar Combined Entrance Competitive Examination Board, Govt. of Bihar, I.A.S. Association Building, Near Patna Airport, Patna-14. ………. Respondents ----------- 2. 17/05/2011 Petitioner has filed this writ application for a direction to the respondent Board to grant him permission to take admission in the first year of Post Graduate Medical Examination Diploma Course for Sessions 2011-13. He has also prayed for consideration of his case in general category under the quota fixed for officers having experience of Rural service for three years. Case of the petitioner is that he qualified in the examination and therefore he was called for interview by Annexure-1 dated 7.4.2011. He appeared in the interview and submitted an undertaking, as contained in Annexure-2, by which he was required to submit three certificates, namely, (i) Residential 2 Certificate issued by SDO/DM or ADM authorized by DM; (ii) Certificate from Principal regarding admission in MBBS; and (iii) Certificate from Director-in-Chief regarding remote area service. Petitioner had to deposit those documents by 27.4.2011 in the Board’s Office. He appeared before the Examination Controller and produced the certificates along with a certificate issued by the Director-in- Chief in respect of Rural Service and requested that his case should be considered against reservation of that category in general category. When the petitioner had appeared before the Board for Interview on 23.4.2011, he was provisionally allotted seat in D.A. (Remote)(Diploma) course subject to production of those certificates. It appears that the seat was allotted to the petitioner on account of his claim that he qualified in reservation category under Remote Area Service. Subsequently, when the petitioner appeared before the Examination Controller on 27.4.2011 and produced his certificates, his certificates and original application were verified and it was found that the petitioner 3 had not applied for consideration of his candidature against reserved seat for Remote Area Service category and hence he was not allowed to take admission. This statement has been made by the petitioner himself in paragraphs 9 and 10 of the writ application. Learned counsel for the Board appears and produces a photo copy of OMR Form of the petitioner, from which it appears that against the column requiring the candidate to fill up whether he claims reservation for Medical Officer employed in Rural/Difficult areas, he had written ‘NO’. This shows that the petitioner never claimed that reservation. He submits that Annexure-4 with the writ application would show that petitioner was to appear before the Examination Controller with certificates and he obtained the certificate from the Director-in-Chief, Department of Health on 27.4.2011 itself. This clearly shows that this was an after thought by the petitioner to get such a certificate and claim seat of that reservation category. Since the petitioner had not claimed for consideration of his case on that ground in OMR form, he cannot claim seat against such reservation 4 category. He also submits that the petitioner was otherwise qualified in general category in Preliminary Test and therefore he was called for counselling and he was provisionally allotted a seat subject to his final selection. Since his claim for a seat under that reservation category was ultimately not found valid, petitioner was not allowed to take admission. Learned counsel for the petitioner submits that seats are going to remain vacant, therefore, respondents at least may consider the case of the petitioner for his admission as he has already qualified in the written examination and he has been found otherwise eligible. This mater is for the Board to consider. This Court cannot issue any mandamus for the purpose. The writ application is disposed of. Pradeep/ ( J. N. Singh,J.)