2017 Supreme(Tri) 397
IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Sri Arghyadeep Das, son of Sri Alok Das - Petitioner
Versus
The State of Tripura & Ors. - Respondents
W.P.(C) No. 1062, 1063 of 2017
Decided On : 25-08-2017
Advocate Appeared:
For the Petitioner:Mr. A. Bhowmik, Advocate
For the Respondents:Mr. B.C. Das, Adv. General, Mr. D.C. Nath, Addl. GA, Mr. A. Nandi, Advocate, Mr. C.S. Sinha, Advocate, Mr. Somik Deb, Advocate
The conversion of seats from SC to UR category in MBBS admission was found to be in accordance with the preference and reservation policy outlined in the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 and the notification dated 06.06.2017.
Headnote:
Reservation - MBBS Admission - Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 - Section 5(a), Notification dated 06.06.2017
Fact of the Case:
The petitioners, SC category candidates, challenged the conversion of 2 SC category seats to UR category in MBBS admission at RIMS, Tripura. They sought to set aside the seat matrix and cancel the allotment of seats to other candidates.
Finding of the Court:
The court found that the conversion of seats was in line with the preference and reservation policy outlined in the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 and the notification dated 06.06.2017. The petitioners' claims were dismissed.
Issues: Challenge to seat conversion, deprivation of legitimate consideration for SC candidates, adherence to reservation policy, and preference in seat allotment.
Ratio Decidendi: The court upheld the conversion of seats based on the preference and reservation policy outlined in the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 and the notification dated 06.06.2017.
Final Decision: The writ petitions were dismissed, and no costs were awarded. The court directed that any available seat during mopping off counseling be offered to the petitioner in WP(C) 1062 of 2017.
Heard Mr. Arijit Bhowmik, learned counsel appearing for the petitioner as well as Mr. BC Das, learned Advocate General assisted by Mr. DC Nath, learned Additional Government Advocate appearing for the respondents-State. Also heard Mr. A. Nandi, learned counsel appearing for the respondent no.4, Mr. CS Sinha, learned counsel appearing for the respondent no. 5 and Mr. Somik Deb, learned counsel appearing for the respondent no.6.
2. Both these writ petitions being WP(C) 1062 of 2017 [Sri Arghyadeep Das vs. The State of Tripura and others] and WP(C) 1063 of 2017 [ Smt. Priyanka Das vs. The State of Tripura and others] are consolidated for disposal by a common judgment as the challenge in these petitions are structured on the common grounds and relating to admission in the MBBS course, 2017 in Regional Institute of Medical Sciences (in short the RIMS) by the second counseling held by the Common Counseling Committee, NEET-UG 2017 under the Directorate of Medical Education, Health and Family Welfare Department, Government of Tripura.
3. The petitioners namely Sri Arghadeep Das and Smt. Priyanka Das do belong to Scheduled Caste (in short SC) community and they are respectively holding the All India ranking 110002 and 223247 and they appeared in the counseling for admission against the State (Domicile) seats viz. seats from Agartala Government Medical College (in short the AGMC), the RIMS, Imphal, Manipur and Tripura Medical College (in short the TMC), Agartala. The respective merit position for the State (Domicile) seats of the writ petitioner in WP(C) 1062 of 2017 [Sri Arghadeep Das] and the writ petitioner in WP(C) 1063 of 2017 [Smt. Priyanka Das] are ‘108’ and ‘267’. The seat matrix dated 16.07.2017 for the first round of counseling revealed that 13 MBBS seats were available from the RIMS under the State (Domicile) quota. Out of those seats 7 belonged to UR category, 4 belonged to ST category and 2 belonged to SC category.
4. On completion of the allotment made in the first counseling, it further revealed that 3 seats were available from the RIMS. In order to allot those seats, the seat matrix for the second round of common counseling for the NEET-UG 2017, was declared on 17.08.2017. For the second round of common counseling, the State quota seats for MBBS was as under:
Name of the Institutes
Total No. of Seats
Category Wise Distribution
UR
SC
ST
RIMS
3
1
2
0
AGMC
13
7
1
5
TMC
18
9
4
5
5. The petitioners were only interested in the MBBS seats from the State (Domicile) quota. The said seat matrix declared on 17.08.2017 was subsequently corrected by the Chairman-cum-Counseling committee, NEET-UG 2017 by a corrigendum under No. G.5(6)-DME/UG/Counseling/2017-18/(Sub-I), dated 18.08. 2017. The seat matrix as emerged in terms of the said corrigendum dated 18.08.2017 is as under:
Name of the Institutes
Total No. of Seats
Category Wise Distribution
UR
SC
ST
RIMS
3
3
0
0
6. It is evident that there was no seat for the SC category candidates in the RIMS. Being aggrieved by the said action of the State-respondents, the petitioners by filing these writ petitions have urged this court this court for the reliefs as under:
(i) to set aside the seat matrix as declared by the corrigendum dated 18.08.2017 and also (ii) to cancel the allotment of the seats to the respondents no. 5 and 6.
7. It is to be noted here that allotment of the seat of the respondent no. 4 against one seat available in the RIMS was challenged even though initially, but later on the said challenge was abandoned inasmuch as availability of seat for UR category in the RIMS was undisputed. Further, it has been urged that the petitioners be considered for admission against 2 seats of MBBS from the RIMS, Imphal as the SC category candidates meaning by treating those 2 MBBS seats from the RIMS as reserved for the SC