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2013 Supreme(Gau) 113
IN THE HIGH COURT OF GAUHATI
Ujjal Bhuyan, J.
Benzir Rahman and Anr. - Appellants
Vs.
State of Assam and Ors. - Respondent
W.P.(C) No. 4624 of 2012
Decided on : 25.02.2013
For Appellant/Petitioner/Plaintiff: Mr. S.K. Medhi, Mrs. J. Borah, Mr. D. Borah and Mr. B.P. Borah
For Respondents/Defendant: SC, Health and Mr. G.N. Sahewalla
Headnote:
Constitution of India - Article 226 - Medical Colleges of Assam, Regional Dental College, Guwahati and Government Ayurvedic College - Guwahati (Regulation of Admission of UnderGraduate Students) Rules, 2007 - Rule 3(b) (f) – Education matter - Entrance examination – Eligibility criteria - Admission into MBBS/BDS/BAMS courses and Engineering Degree courses - Both the petitioners, who are general (unreserved) category candidates, applied for and appeared in combined entrance examination - In their applications, they gave MBBS as their first choice and BDS as their second choice as per preference - Director of Medical Education, Assam declared results - Both petitioners were selected - Petitioner No. 1 secured 177 marks and was placed at Serial No. 335 in order of merit Likewise, petitioner No. 2 secured 176 marks and was placed at Serial No. 344 in list of successful candidates - Held, They cannot be applied in a manner where merit becomes casualty - As pointed out by Honble Supreme Court in ASHA (supra), rule of merit cannot be defeated by technicalities - Criteria for admission within various categories is merit alone, which is an absolute rule without any exception - Petitioners by virtue of their merit position in unreserved category cannot be denied seats in MBBS course when admittedly candidates placed below them in the merit list in that category have been given admission in MBBS course - Provisional admission given to petitioners in the first year MBBS course for session 2012-13 in terms of interim order of this Court is upheld - Petition allowed.
Ujjal Bhuyan, J.
1. By way of this petition under Article 226 of the Constitution of India, the two petitioners seek a direction to the State respondents to provide them admission in the first year MBBS course in the medical colleges in the State of Assam for the session 2012-13 as per their preference by considering their merit position. Facts of the case may be briefly noted.
2. A combined entrance examination was held on 19.05.2012 and 20.05.2012 for admission into the MBBS/BDS/BAMS courses and Engineering Degree courses in the State of Assam. Both the petitioners, who are general (unreserved) category candidates, applied for and appeared in the combined entrance examination. In their applications, they gave MBBS as their first choice and BDS as their second choice as per preference. Director of Medical Education, Assam declared the results on 29.06.2012. Both the petitioners were selected. Petitioner No. 1 secured 177 marks and was placed at Serial No. 335 in order of merit Likewise, petitioner No. 2 secured 176 marks and was placed at Serial No. 344 in the list of successful candidates. It may be mentioned that the total number of seats in the MBBS course in the State of Assam is 526 (State quota-419) whereas the total number of seats in the BDS course is 40 (State quota-16).
3. First counselling was held on 10.7.2012. The petitioners, who were called to appear in the counselling, were informed by the authorities that all the MBBS seats earmarked for unreserved category candidates were filled up as per merit by candidates upto Serial No. 303.
4. According to the petitioners, they were advised by the authorities during the counselling to take admission in the BDS course. Though the petitioners had declared in their application forms that MBBS was their first choice in order of preference, as they were informed that no MBBS seats were available, they hesitantly took admission in the BDS course. After taking admission into the BDS course, which was their second choice of preference, both the petitioners started attending their classes at the Regional Dental College, Guwahati.
5. When the petitioners came to know that some MBBS seats were lying vacant, petitioner No. 2 submitted a representation dated 02.08.2012 before the Director of Medical Education requesting allotment of a seat in MBBS course as per merit.
6. Second counselling was notified and held from 15.08.2012 to 22.08.2012 for filling up of a few seats in MBBS course. According to the petitioners, unreserved category candidates upto the rank of 348 were called for the second counselling and admission. Though the petitioners' ranks were 335 and 344 respectively, they were not called for the counselling.
7. Both the petitioners submitted separate representations before the Director of Medical Education and Registrar of Srimanta Sankardev University of Health Sciences on 14.09.2012, 18.09.2012 and 20.09.2012 for allotting them MBBS seats against subsequent vacancies.
8. An admission order was published on 19.09.2012 from the Directorate of Medical Education, Assam. In the unreserved category, candidates up to Serial No. 385 were called to take provisional admission in the MBBS course. However, again, the names of the petitioners were not included. Altogether 13 numbers of candidates ranked from 350 to 385, all placed below the petitioners in order of merit, were allowed to take admission against vacant MBBS seats.
9. Petitioners filed separate appeals before the Appellate Authority i.e. Secretary to the Govt. of Assam, Health and Family Welfare Department on 21.09.2012 for allotting them MBBS seats as per their merit position though they had taken admission in the BDS course.
10. On 25.09.2012, an educational notice was published by the Director of Medical Education informing that 10 numbers of seats in BDS course for the session 2012-13 were lying vacant and that a few seats in the MBBS course for the session 2012-13 were also likely to be vacant before 29.09.2012. Acc
