2021 Supreme(Online)(Cal) 27
CALCUTTA HIGH COURT
Not mentioned, J
Saniya Subash v. National Medical Commission and Others
W. P. A No. 9864 of 2020
For the Appellants/Petitioners: Mr. Kumar
For the Respondents: Mr. Rao, Mr. Singh
The court ruled against the claim for revising merit lists based on residency definitions, confirming the authorities acted within legal frameworks.
Headnote:This writ petition challenges the provisional merit list published for medical admissions in Andaman and Nicobar Islands. The petitioner claims inclusion in category V violates distribution rules as per the 1996 scheme and court judgments. The court finds the authorities acted within their scope and dismisses the petition.
| Table of Content |
|---|
| 1. relief sought through writ petition for admissions. (Para 1) |
| 2. background and facts leading to the legal challenge against the merit list. (Para 2 , 3 , 4 , 14) |
| 3. arguments regarding residency and its interpretation. (Para 5 , 6 , 10) |
| 4. court's evaluation of merit list and regulatory compliance. (Para 7 , 9 , 12) |
| 5. final decision on the dismissal of the writ petition. (Para 18 , 19 , 20) |
1. The present writ petition has been preferred primarily praying for the following reliefs:
"(A) (i) A writ in the nature of Mandamus directing the respondent authorities, particularly the respondent No. 2 to set aside the part of the combined provisional merit list dated 07/11/2020 published by the respondent No. 2 whereby the name of some of the aspirants appeared under Category V (Sl. No. 11, 52, 99, 151 and 252).
(ii) A writ in the nature of Mandamus directing the respondent No. 2 to act strictly in terms of the Distribution Scheme of 1996 and the judgment of the Supreme Court passed on 28/01/2000 in the case of Parents Association and others v. Union of India and others."
2. Shorn of unnecessary details the facts are that the petitioner is a permanent resident of Andaman and Nicobar Islands (in short, the said islands). She appeared in the National Eligibility cum Entrance Test (in short, NEET) and secured an all - India rank of 279847. On 1 October, 2020, the respondent No. 2 published a notification in the newspaper detailing therein the various categories and the seats in the said respective categories calculated as per the order of the Ministry of Home Affairs and as per the distribution scheme of the year 1996. In order to apply for a seat in the Andaman and Nicobar Islands Institute of Medical Science (in short, ANIIMS), she collected a prospectus of the MBBS course which contained inter alia the details of the respective categories under the state quota. On 4 November, 2020, she submitted her application for admission to the MBBS course in ANIIMS under category - IV on the basis of her local certificate. In the provisional merit list of category - IV, her name featured at serial number 46. On 7 November, 2020, the respondent No. 2, prepared a combined provisional merit list of eligible candidates in respect of all the state categories wherein the petitioner's name was at serial number 81. Thereafter, a final merit list was published on 10th November, 2020 and the first round of counselling of state quota seats was held on 12 and 13 November, 2020. Upon conclusion of such counselling, the respondent No. 2, by a memo dated 16 November, 2020, detailed the status of vacant seats in EWS category and the four state quota categories. Thereafter, the second counselling was conducted on 9 December, 2020 and all the vacant seats, as notified on 16 November, 2020, were filled up save and except 15 seats in category - I. Subsequent thereto, one vacancy from all - India quota was allotted resulting in 16 unutilised seats. On 18 November, 2020, the petitioner submitted a representation to respondent No. 2 protesting against the inclusion of non - residents of the said islands in category - V since such inclusion was derogatory to the distribution scheme of 1996 and the judgment of the Hon'ble Supreme Court delivered in the case of Parents'' Association and Another v. Union of India and Others, reported in 2000 AIR SCW 403.
3. Records reveal that the writ petition was filed on 23 November, 2020. Thereafter, on 21 December, 2020, the Court passed an order that ''as an interim measure, the Andaman administration is requested to allow the petitioner to appear before the ''mop - Up counselling''. Aggrieved by the said order, an appeal was preferred which was disposed of by an order dated 23 February, 2021 observing inter alia that ''the admission of any student which was 16 in number under category - V shall be subject to the result of the writ petition and shall not create any equity in their favour''. Thereafter the affidavits were e