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2017 Supreme(Tri) 320

S.TALAPATRA
Amrita Das, daughter of Sri. Pratap Chandra Das – Appellant
Versus
State of Tripura, represented by the Principal Secretary, Department of Health and Family Welfare – Respondent


Advocates Appeared:
For the Petitioner:Mr. A. Bhowmik, Advocate
For the Respondent:Mr. B.C. Das, Advocate General, Mr. D.C. Nath, Advocate, Mr. P. Datta, Advocate

JUDGMENT & ORDER :

Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Mr. B.C. Das, learned Advocate General assisted by Mr. D.C. Nath, learned counsel appearing for the respondents No.1, 2 & 3 and Mr. P. Dutta, learned counsel appearing for the respondent No.4.

2. By means of this writ petition, the petitioner who is an aspirant to have admission in a medical college under Physically Handicapped [PH] category has urged this court for directing the respondents No.1, 2 & 3 for admitting her in the MBBS course in terms of the educational notification dated 28.06.2017 against the State quota seat. Earlier the petitioner filed a writ petition being W.P.(C) No.829 of 2017 which was disposed of, by the judgment and order dated 18.08.2017. Even though the said writ petition was dismissed observing that the petitioner could not confirm the eligibility criteria as she was unsuccessful to secure minimum qualifying marks 40th Percentile in the NEET, 2017. The eligibility criteria are admittedly as under:

“1 Eligibility Criteria:

The Central Board of Secondary Education will prepare an All India Merit List of successful candidates of NEET – 2017 on the basis of the eligi





































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