Holding

Denial of admission was unjust and illegal; the appellant is entitled to admission in a state medical college.

Summary

Dolly Chhanda, daughter of an ex‑serviceman with permanent disability, qualified in the 2003 Joint Entrance Examination for MBBS under the reserved MI category. At the first counselling her father’s certificate from the Zilla Sainik Board mistakenly stated “not eligible”, leading to rejection of her candidature. After the board issued a corrected certificate, the authorities still did not consider her for admission, and the Orissa High Court dismissed her writ petition. The Supreme Court held that the appellant undeniably belonged to the reserved MI category and that a procedural lapse in the initial certificate should not deprive her of her right when a correct certificate was later produced. The Court emphasized that strict compliance with documentary proof is not mandatory and that some relaxation is permissible. Consequently, the Court set aside the High Court order, directed the respondents to admit the appellant to a state medical college, and ordered creation of an extra seat if necessary.

Issues considered

Whether a candidate belonging to the reserved MI category can be denied admission for not producing a correct disability certificate at the first counselling when a corrected certificate is later submitted.
Whether the requirement of producing documentary proof for reservation benefits must be complied with strictly or may be relaxed in view of factual entitlement.
Whether the authorities’ rejection of the appellant’s candidature violates principles of natural justice and the purpose of reservation.

Subjects

reservationmedical college admissionJoint Entrance Examinationproof of disabilityex‑servicemanprocedural relaxationnatural justice

Judgment

DOLLY CHHANDA A
v.
CHAIRMAN, JEE AND ORS.

OCTOBER 5, 2004

[R.C. LAHOTI, CJ. G.P. MA THUR AND PRAKASH PRABHAKAR B
NAOLEKAR, JJ.]

Education:

Higher Education Admission to Medical College-Jn reserved category- C
Denial of admission on account of ineligibility due to mistake in certificate-
Candidature not considered despite rectification of mistake-Writ petition--
Dismissal of-On appeal, held: Denial of admission unjust and illegal-
Candidate could not be denied her due on production of correct certijicate-
Every infraction ofthe rule-relating to submission ofproof need not necessarily D
result in rejection of candidature-Direction to give admission to candidate.

Appellant appeared in Joint Entrance Examination in 2003 under
reserved MI category being daughter of ex-serviceman who was
discharged from armed forces on the ground of permanent disability. She
was called for counseling. In scrutiny it was revealed that the certificate E
given to her father by Zilla Sainik Board did not satisfy the requirement
of the reserved MI category, and her candidature was rejected. She
produced permanent disability Certificate issued by Army Authorities and
also produced fresh certificate issued by Zilla Sainik Board after rectifying
the mistake at the time of another round of counseling, but her candidature
was not considered. Appellant filed writ petition on the ground that it was F
the mistake of the Sainik Board in not issuing correct certificate, and the
same having been rectified in second certificate, she was entitled for
admission. High Court 'dismissed the writ petition on the ground that she
was not entitled for admission as her claim that she belonged to reserved
MI category was not established at the time of first counseling.
G
Allowing the appeal, the CQurt

HELD 1. The appellant undoubtedly belonged to reserved MI
category. Her father may not have noticed the mistake which was
committed by the Zilla Sainik Board while issuing the first certificate. But
79 H
80 SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R.

A it does not mean that the appellant should be denied her due when she
produced a correct certificate at the stage of second counseling. The view
taken by the Authorities in denying admission to the appellant is wholly
unjust and illegal. The respondents are directed to give admission to the
appellant in any one of the State medical Colleges forthwith in the current
B academic year. In case the State seats have already been filled up one extra
seat shall be created for her. [84-G-H; 85-A; 85-C]

2. In order to avail of the benefit of reservation or weightage etc.
necessary certificates have to be produced. These are documents in the
nature of proof of holding of particular qualification or percentage of
C marks secured or entitlement for benefit of reservation. Depending upon
the facts of a case, there can be some relaxation in the matter of submission
of proof and it will not be proper to apply any rigid principle as it pertains
in the domain of procedure. Every infraction of the rule relating to
submission of proof need not necessarily result in rejection of candidature.
[83-A-B)
D
Charles K. Skaria and Ors v. Dr. C. Mathew and Ors., [1980) 2 SCC
752, relied on.
....
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6506 of2004.

E From the Judgment and Order dated 31.10.2003 of the Orissa High
Court in W.P.No. 11248 of 2003.

Amarendra Bal and Rakesh Uttamchadra Upadhyay for the Appellant.

Janaranjana Das, Swetaketu Mishra and Ms. Moushumi Gahlot for the
F Respondents.

The Judgment of the Court was delivered by

G.P. MATHUR. 1. Leave granted.

G 2. This appeal, by special leave, has been preferred against the judgment
and order dated 31.10.2003 of High Court of Orissa by which the writ petition
filed by the appellant for issuing a direction to the respondents to admit her
in MBBS course was summarily dismissed.

3. The appellant passed 10+2 (Science) Examination conducted by the
H Council of Higher Secondary Education, Orissa, in First Class. As she was
• DOLLY CHHANDA v. CHAJRMAN [G.P. MATHUR, J.] 81
desirous of joining a medical course, she appeared in the Joint Entrance A
Examination, 2003 (for short 'JEE-2003 ') under the reserved MI category
being daughter of an ex-serviceman NK Manoranjan Chhanda who was
discharged from armed forces on the ground of permanent disability. Under
Clause 2. l .4 of Information Brochure of JEE-2003 certain percentage of
seats are reserved for children/widows of personnel of armed/paramilitary
forces of Orissa, killed/disabled in action during war or peace time operation. B
Her rank in the JEE-2003 in the reserved MI category in the medical stream
was 20 and accordingly she was called for counselling for admission to a
medical college on 7.7.2003. During the course of scrutiny of papers it was
revealed that in the certificate dated 29.6.2003 given to her father by the Zilla
Sainik Board in Column No.3 which pertained to "Disabled/killed in war/ C
hpstilities" the words "not eligible" were written. Since the aforesaid certificate
did not satisfy the requirement of the reserved MI category, her candidature
was rejected. The candidates who had secured ranks at 24 and 26 in the
aforesaid category were given admission. She produced the disability certificate
which was issued to her father by the army authorities, but in view of
requirement of Clause 2. l .4 of the Information Brochure the same was not D
accepted. The appellant's father then requested the Zilla Sainik Board,
Sambalpur to rectify the mistake, which issued a fresh certificate on 16.7.2003
which mentioned "Permanently Disabled" in Column No.3. The appellant
then again approached respondent no. I with the aforesaid correct certificate,
but no action was taken. On coming to know that another round of counselling E
had been fixed for 29. l 0.2003 on account of increase in seat, the appellant
went to the concerned centre and requested for being given admission on the
basis of the fresh certificate issued by the Zilla Sainik Board, which certified
that her father had been discharged from armed forces on the ground of
permanent disability. The candidates who had secured rank from 27 to 30 in p'
the MI category were called for counselling, but the appellant's candidature
was not considered. The case of the appellant thus is that it was the Zilla
Sainik Board which had committed the mistake in not issuing a correct
certificate and the said mistake having been was rectified in the second
certificate issued on 16.7.2003, she was entitled for admission in a medical
college as candidates securing lower ranks had already been admitted. G
4. The wrif petition filed by the appellant was dismissed by the High
Court on the ground that at the time of the counselling on 7.7.2003 the
certificate furnished by the appellant did not bear any testimony that her
father being a personnel of armed/paramilitary forces of Orissa had been
disabled in action and consequently in terms of Clause 2. l .4 of the Information H
82 SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R.

A Brochure her claim that she belong to the reserved MI category had not been
established.

5. In the counter affidavit filed on behalf of the respondents, it is
admitted that the appellant had secured rank at serial no.20 in the medical
stream in the JEE-2003 in the reserved MI category. The stand taken is that
B as in the certificate produced by the appellant at the time of counselling on
7.7.2003, it was not mentioned that her father was a disabled personnel of the
armed/paramilitary forces, her candidature was rejected. It is further pleaded
that since her candidature was rejected due to her ineligibility, she was not
allowed to appear in the second counselling. The fact that candidates who
C have secured ranks lower than the appellant in the reserved MI category have.
been given admission is not disputed.

6. The appellant has filed a copy of the certificate dated 3.10.2001
issued by Signal Abhilekh Karyalaya, Signals Records, Post Bag No.5, Jabalpur
(M.P.), which certifies that Ex-NK Manoranjan Chhanda resident of VPO
D Larambha, District Sambalpur (Orissa) is suffering from permanent disability.
The certificate produced by the appellant on 7. 7.2003 was issued by Zilla
Sainik Board on 28.6.2003 and in this certificate a mistake had crept in,
namely, in Celumn No.3 pertaining to "Disabled/killed in war/hostilities",
the words "not eligible" were written. This mistake was rectified in the second
certificate issued by the Zilla Sainik Board on 16.7.2003 where in Column
E No.3 the words "Permanently disabled" were written. The factual position,
viz., that the appellant's father Manoranjan Chhanda was discharged from
army on account of permanent disability is not at all disputed by the
respondents. Similarly, the correctness of the second certificate issued by the
Zilla Sainik Board, Sambalpur, wherein it was mentioned that Ex-NK
p Ma!1oranjan Chhanda had suffered permanent disability is also not disputed.
The only ground on which the appellant's candidature was rejected is tqat at
the time of the counselling on 7. 7 .2003 she failed to produce the certificate
to show that she belongs to a reserved category.

7. The general rule is that while applying for any course of study or a
G post, a person must possess the eligibility qualification on the last date fixed
for such purpose either in the admission brochure or in application form, as
the case may be, unless there is an express provision to the contrary. There·
can be no relaxation in this regard i.e. in the matter of holding the requisite
eligibility qualification by the date fixed. This has to be established by
H producing the necessary certificates, degrees or marksheets. Similarly, in
DOLLY CHHANDA v. CHAIRMAN [G.P. MATHUR, J.) 83
'-"
order to avail of the benefit of reservation or weightage etc. necessary A
certificates have to be produced. These are documents in the nature of proof
of holding of. particular qualification or percentage of marks secured or
entitlement for benefit of reservation. Depending upon the facts of a case,
there can be some relaxation in the matter of submission of proof and it will
not be proper to apply any rigid principle as it pertains in the domain of
procedure. Every infraction of the rule relating to submission of proof need
B
not necessarily result in rejection of candidature.

8. This principle was explained and applied in Charles K Skaria and
Ors. v. Dr. C. Mathew and Ors., [l 980] 2 SCC 752. The controversy here
related to admission to a post graduate course in medicine. The relevant rule
provided for addition of I 0% marks if a candidate possessed a diploma in the
c
relevant subject or sub-speciality and this benefit could be given only if the
candidate's success in the diploma course was brought to the knowledge of
the Selection Committee before completion of selection in an authentic or
acceptable manner. The Prospectus provided that the attested copies of
statement of marks and other documents should be attached with every D
application. Three such candidates were given admission who had not attached
the certificate of having passed the diploma along with their applications.
Their admission to post graduate course was· set aside by the High Court on
the ground that their applications, wherein they claimed the benefit of diploma,
were liable to be rejected as the requisite certificates had not been attached.
This Court speaking through Krishna Iyer, J. reversed the judgment of the
E
High Court and held that the admission to the candidates had rightly been
given as they had in fact passed the diploma before the date fixed. The
relevant parts of paras 20 and 24 of the judgment, where this principle was
highlighted are being reproduced below :
F
"20. There is nothing unreasonable or arbitrary in adding IO marks
for holders of a diploma. But to earn these extra l 0 marks, the diploma
must be obtained at least on or before the last date for application,
not later. Proof of having obtained a diploma is different from the
factum of having got it. Has the candidate, in fact, secured a diploma
before the final date of application for admission to the degree course? G
That is the primary question. It is prudent to produce evidence of the
diploma along with the application, but that is secondary. Relaxation ·
of the date on the first is illegal, not so on the second. Academic
.,,. excellence, through a diploma for which extra mark is granted, cannot
be denuded because proof is produced only later, yet before the date
H
84 SUPREME COURT REPORTS [2004) SUPP. 5 S.C.R.

A of actual selection. The emphasis is on the diploma; the proof thereof
subserves the factum of possession of the diploma and is not an
independent factor............................................... Mode of proof is
geared to the goal of the qualification in question. It is subversive of
sound interpretation and realistic decoding of the prescription to
telescope the two and make both mandatory in point of time. What
B is essential is the possession of a diploma before the given date; what
is ancillary is the safe mode of proof of the qualification. To confuse
between a fact and its proof is blurred perspicacity. To make mandatory
the date of acquiring the additional qualification before the last date
for application makes sense. But if it is unshakeably shown that the
c qualification has been acquired before the relevant date, as is the case
here, to invalidate this merit factor because proof, though indubitable, ·
was adduced a few days later but before the selection or in a manner
not mentioned in the prospectus, but still above-board, is to make
procedure not the handmaid but the mistress and form not as
subservient to substance but as superior to the essence.
D
24. It is notorious that this formalistic, ritualistic, approach is unrealistic
and is unwittingly traumatic, unjust and subversive of the purpose of
the exercise. This way of viewing problems dehumanizes the
administrative, judicial and even legislative processes in the wider
perspective of law for man and not man for law. Much of hardship
E and harassment in administration flows from over-emphasis on the
external rather than the essential. We think the government and the
selection committee rightly treated as directory (not mandatory) the
mode of proving the holding of diplomas and as mandatory the actual
possession of the diploma. In actual life, we know how exasperatingly
F dilatory it is to get copies of degrees, decrees and deeds, not to speak
of other authenticated documents like mark-lists from universities,
why, even bail orders from courts and government orders from public
offices"

9. The appellant undoubtedly belonged to reserved MI category. She
G comes from a very humble background, her father was only a Naik in the
armed forces. He may not have noticed the mistake which had been committed
by the Zilla Sainik Board while issuing the first certificate dated 29.6.2003.
But it does not mean that the appellant should be denied her due when she
produced a correct certificate at the stage of second counselling. Those who
H secured rank lower than the appellant have already been admitted. The view
DOLLY CHHANDA v. CHAIRMAN [G.P. MATHUR, J.] 85

taken by the authorities in denying admission to the appellant is wholly A
unjust and illegal.

IO. The appellant had qualified in the JEE-2003 but the said academic
year is already over. But for this situation the fault lies with the respondents,
who adopted a highly technical and rigid attitude and not with the appellant.
We are, therefore, of the opinion that the appellant should be given admission B
in MBBS course in any of the State medical colleges in the current academic
year.

11. The appeal is accordingly allowed with costs. The judgment and
order dated 31. I 0.2003 of the High Court is set aside. The respondents are
directed to give admission to the appellant in any one of the State medical C
colleges forthwith. In case the State seats have already been filled up, one
extra seat shall be created for her.

K.K.T. Appeal allowed.