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2017 Supreme(Online)(Gau) 155

IN THE HIGH COURT OF TRIPURA
A.V. Sinha, J
Sri Arghyadeep Das – Appellant
Versus
The State of Tripura and others – Respondent
W.P.(C) No. 1062 of 2017 | W.P.(C) No. 1063 of 2017



Advocates:
For the Appellants/Petitioners: Arijit Bhowmik
For the Respondents: B. C. Das, D. C. Nath, A. Nandi, C. S. Sinha, Somik Deb

The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.

Headnote:(A) Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 - Section 5(a) - Admission in MBBS course challenged with regard to reservation policy of SC category seats. Petitioners were denied seats due to amendment by corrigendum which changed category indicators from SC to UR for available seats; petitioners asserted their rights based on waiting list positions claiming two seats in RIMS allotted to SC candidates. Court held that the reservation for ST/SC candidates should follow institution-wise allocation. (Paras 9, 12, 16)

(B) Writ Petition - Consideration of reservation policy - Court found no merit in allegations against the State regarding the conversion of SC seats to UR; the decisions made by the respondents were found to be in accordance with the Tripura Scheduled Castes and Scheduled Tribes Reservation Act and notifications issued therein. (Paras 14, 15)

Facts of the case:
Petitioners, belonging to SC community, challenged the change in seat allocation for the MBBS course which left no seats for SC candidates during the second counselling post their surrender of seats in favor of a preferred college, arguing against the legality of the corrigendum issued by the State.

Findings of Court:
The allocation of available seats was consistent with the provisions of the Act and the notification in terms of balancing preference and reservation for candidates. No illegality was found nor was any breach upheld by the petitioners.

Issues: Whether the cancellation of two SC seats was legal under the reservation policy; whether the process of seat allocation followed due procedure was determined.

Ratio Decidendi: The court upheld the need for compliance with institutional reservation policies where candidates should be allotted seats according to set governmental regulations and formulas; any discrepancies were amended through the prescribed protocols.

Result: Writ petitions dismissed.

Table of Content
1. challenge to admission process consolidated for resolution. (Para 1 , 2)
2. overview of available sc category seats detailed in corrigendum. (Para 3 , 4 , 5)
3. petitioners claim rights to sc seats unallocated due to policy changes. (Para 6 , 8 , 9)
4. respondents clarify seat distribution per reservation rules. (Para 10 , 11)
5. discussion on legality of the state's actions regarding seat allocation. (Para 12 , 13 , 14)
6. court finds no illegality in state's revision of seat allocations. (Para 15 , 16)
7. final verdict concluding the dismissal of the petitions. (Para 17 , 18)

1. Heard Mr. Arijit Bhowmik, learned counsel appearing for the petitioner as well as Mr. B. C. Das, learned Advocate General assisted by Mr. D. C. Nath, learned Additional Government Advocate appearing for the respondents - State. Also heard Mr. A. Nandi, learned counsel appearing for the respondent No. 4, Mr. C. S. 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 W.P.(C) No. 1062 of 2017 [Sri Arghyadeep Das v. The State of Tripura and others] and W.P.(C) No. 1063 of 2017 [Smt. Priyanka Das v. 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 counselling held by the Common Counselling Committee, NEET - UG 2017 under the Directorate of Medical Education, Health and Family Welfare Department, Government of Tripura.

3. The petitioners namely Sri Arghyadeep Das and Smt. Priyanka Das do belong to Scheduled Castes (in short SC) community and they are respectively holding the All India ranking 110002 and 223247 and they appeared in the counselling 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 W.P.(C) No. 1062 of 2017 [Sri Arghyadeep Das] and the writ petitioner in W.P.(C) No. 1063 of 2017 [Smt. Priyanka Das] are '108' and '267'. The seat matrix dated 16.07.2017 for the first round of counselling 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 counselling, 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 counselling for the NEET - UG 2017, was declared on 17.08.2017. For the second round of common counselling, the State quota seats for MBBS was as under:

5. The petitioners were only interested in the MBBS seats from the State (Domicile) quota. The said seat matrix declared on 17-8-2017 was subsequently corrected by the Chairman - cum - Counselling committee, NEET - UG 2017 by a corrigendum under No. G.5(6) - DME / UG / Counselling / 2017-18 / (Sub-I), dated 18-8-2017. The seat matrix as emerged in terms of the said corrigendum dated 18-8-2017 is as under:

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 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 respondent Nos. 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 U

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