“It is well settled in law that once the rule of the game is started, the same cannot be changed at the midst,” the two-judge bench of Justice B R Sarangi and Justice Gourishankar Satapathy observed. The ruling came on Wednesday regarding the October 19 revised merit list that was published while counselling was on after the final list was out on October 18.
Abhisek Bhabani Panda, whose name found mention in 5th place in the physically challenged category in the final merit list, 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. Advocate A K Pandey had argued on behalf of the petitioner.
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.
Accordingly, the bench ruled, “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.”