(Arun Mishra and S. Abdul Nazeer, JJ.)
Dr. Rasmita Majhi __________________________________ Petitioner
v.
Dr. Gathani Dash and Ors. etc. ______________________ Respondent(s)
Petition(s) for Special Leave to Appeal (C) No(s). 12661-12662/2017, decided on July 10, 2018
The Order of the court was delivered by
Order
1. In the facts and circumstances of the case, in particular considering the fact that the petitioner belongs to SC category though she was not having the percentage fixed for general category. The seat of MDS of general category which was allotted to the petitioner cannot at present be allotted to anyone at the relevant time it was vacant. The petitioner has completed 2 years and 3 months of the MDS course which is of 3 years duration. Considering the peculiar facts and circumstances of the case, the petitioner belongs to scheduled caste though she was not having the required 50% marks to obtain admission on seat in question fixed for general category. However, the fact that she belongs to SC category was qualified for seat of that category and interim order was passed in her favour by this Court. In the peculiar facts of the case, without making it a precedent, as the seat cannot be alloted to anyone else would go waste we decline to interfere in the admission that has been made. Accordingly, the petitioner to continue as against the seat and be permitted to and pass out the course by the respondent authorities.
2. As prayed, it is observed that the filing of the case by the respondent No. 2 shall not come in the way or prejudice him in any manner for his future consideration in accordance with law.
3. The Special Leave Petitions, accordingly, stands disposed of. Pending applications, if any, stand disposed of.
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