IMPORTANT POINT
The main legal point established in the judgment is the application of the law laid down by the Hon’ble Supreme Court in the case of S. Krishna Sradha, allowing for the grant of admission in the next academic year by increasing the number of seats for the petitioner.

JUDGMENT :

Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Addl. Senior Govt. Advocate for the respondent nos. 1, 4 and 5, Ms. R. Deka, learned counsel for the respondent no. 2 and Mr. B. Gogoi, learned standing counsel, Health Department, for the respondent nos. 3 and 6.

2. By instituting this writ petition, the petitioner, being aggrieved, is put to challenge the Revised Admission Notices dated 28.09.2023 and 29.09.2023, whereby Admission Notice dated 03.09.2023 of selected candidates belongs to OBC-TGL/Ex-TGL category, in the State of Assam for admission into 1st year MBBS/BDS course for the session-2023 issued by the Director of Medical Education, Assam, has been cancelled.

3. The petitioner, who belongs to OBC Ex-TGL community, a recognized backward community in the State of Assam, was admitted to the 1st year MBBS course at Assam Medical College, Dibrugarh on 07.09.2023 on having scored 417 marks in the National Eligibility cum Entrance Test for undergraduate 2023 (herein after referred to as NEET-UG-2023 in short) and selected pursuant to the Admission Notice dated 03.09.2023.

4. Pursuant to the order of this Court in earlier writ proceedings instituted by some other candidates including candidates belongs to TGL/Ex-TGL category for admission into 1st year MBBS/BDS courses for the session 2023, the Director of Medical Education, Assam vide revised admission notice No. DME/UG/108/2023/12980 dated 28.09.2023 has cancelled the admission notice dated 03.09.2023 (by which the petitioner was selected for provisional admission in the 1st year MBBS course in Assam Medical College, Dibrugarh). By another admission notice dated 29.09.2023, the Director of Medical Education, Assam, cancelled the earlier notice dated 28.09.2023 whereby, select list of the selected candidates, who belongs to OBC TGL/Ex-TGL category for admission into the 1st year MBBS/BDS courses for the session-2023, is purportedly revised in which the name of the petitioner has been dropped.

5. Being aggrieved of such non inclusion in the revised admission notices dated 28.09.2023 and 29.09.2023, the petitioner approached this Court by filing WP(C) 5941/2023 and the same was disposed of on 12.10.2023, directing the petitioner to appear before the State Level Caste Scrutiny Committee on 16.10.2023 with necessary documents to establish his claim and the State Level Committee was directed to verify and take a decision. It was also made clear that the petitioner’s claim of a seat in the 1st year MBBS course in the category of TGL/Ex-TGL would be subject to the decision taken by the State Level Committee. Thereafter, the petitioner appeared before the State Level Scrutiny Committee on 16.10.2023 with required documents. But the State Level Caste Scrutiny Committee did not take any decision consequent to which the petitioner was on the verge of losing his seat in the 1st year MBBS course-2023 in Assam Medical College, Dibrugarh. Hence, this present writ petition.

6. During pendency of the present writ the State Level Caste Scrutiny Committee held its meeting on 29.12.2023 and 30.12.2023 and arrived at the finding that the claim of the petitioner is genuine that he belongs to the OBC Ex-TGL community. In other words, on the basis of the factual verification report, the caste certificate of the petitioner is found to be genuine. The State Level Caste Scrutiny Committee has communicated the same to the Director of Medical Education, Assam, clearly mentioning that on the basis of the factual verification report, the committee has recommended the caste certificate of the petitioner as genuine.

7. The Director of Medical Education, Assam has filed an affidavit and fairly made categorical statements that if Hon’ble High Court directs the grant of admission to the petitioner in the next academic year i.e. 2024-2025 session by issuing appropriate directions by directing to increase in the number of seats, the petitioner will be admitted i