The main legal point established in the judgment is that a candidate who surrenders a seat within the specified time limit has a legal right to be considered for re-entry into the wait list and appearance in the counseling for fresh consideration against available seats, in accordance with their position in the merit list.

A.B. Pal, J.

1. The Petitioner Smti Moutushi Debnath passed H.S. (+2 stage) Examination from the Tripura Board of Secondary Education in 2005. She appeared in the Joint Entrance Examination, 2006 and her position in the merit list is 124 in PCB Group (Physics, Chemistry and Biology). She is an aspirant for admission in MBBS Course. But in the first round of counseling held on 22.07.2006 she was allotted, in accordance with her merit position a seat in B. Pharma Course in the Regional Institute of Pharmaceutical Science & Technology (for short 'RIPSAT'). She, however, decided not to pursue B. Pharma Course and so on 26.07.2006 surrendered that seat allotted to her which was later, in the second round of counseling, allotted to one Smti Priyanka Chakraborty. As she continued to be an aspirant for admission in MBBS Course and expected that more seats for the said course might be available, she decided to wait and get her name entered in the wait list of PCB Group. She is aware that by virtue of the Tripura Board of Joint Entrance Examination (Second Amendment) Regulation-1999 she is entitled to be considered for admission in MBBS Course if she surrenders the seat allotted to her within a maximum period of 5 days from the date of issue of sponsorship, which she did. This position was clarified by the State Government by a memorandum dated 16th June, 2000 (Annexure-4). As she was allotted a seat in B. Pharma on 22.07.2006, which she surrendered on 26.07.2006, within 5 days from the date of allotment, she considers herself eligible to be re-admitted in the wait list for MBBS Course. On 10.08.2006 she made a prayer to the Director of Health Services, the second Respondent herein, to re-admit her in the wait list as 15 more seats in MBBS Course were made available. On 17.08.2006, her father also submitted a representation to the Chairman, Tripura Board of Joint Entrance Examination to enlist his daughter's name in the wait list in view of the fact that his daughter surrendered the B. Pharma seat within 5 days and that seat was allotted to one Priyanka Chakraborty in second round of counseling. But, neither the prayer of the Petitioner to the Director of Health Services nor that of her father to the Chairman of Tripura Board of Joint Entrance Examination was acted upon.

2. On 04.09.2006 the Directorate of Health Services, Govt. of Tripura issued an 'Educational Notification' published in the local daily (Annexure-9), which declared third round of counseling to be held on 8th September, 2006 at 11 a.m. for selection of candidates against additional 15 MBBS seats (ST-04, SC 03 and UR 08). The notification clearly provided that "The 3rd round Counseling for selection of the candidates against available additional 15(fifteen) MBBS seats (ST-04, SC-03 & UR-08) of Agartala Govt. Medical College from the candidates who appeared and registered their names in the waiting list in PCB Group of Tripura Board of Joint Entrance Examination, 2006 and those who surrendered seats within the time limit in order of merit position as stated therein for admission in MBBS Course will be conducted at Health Directorate, Gurkhabasti, Nehru Complex, Agartala on 8th September, 06 at 11 a.m." (Emphasis given). As her prayer for inclusion of her name in the wait list to the Director of Health Services and similar prayer by her father to the Chairman of the Board could evoke no favourable response, she personally approached, on 06.09.2006, the Director of Health Services to allow her to attend the counseling. But, one Dr. S. Das, who was In-charge of the Director of Health Services on 06.09.2006 categorically, told her that she would not be allowed to appear in the third round counseling. The Petitioner then approached the Member Secretary of the Tripura Board of Joint Entrance Examination, who however, confirmed that she was entitled to appear in the third round of counseling, though he could extend no tangible assistance. As the third round of counseling w