RITUPARNA BAROOAH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, a faculty member of North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences ('NEIGRIHMS'), has filed this writ petition with the grievance that the respondents were not allowing the benefit of reservation of seats for the children of faculty members of NEIGRIHMS out of the MBBS seats allocated from the Central Pool to the State of Meghalaya; and, while alleging serious prejudice and loss to herself and to her daughter who is desirous of pursuing the MBBS Course, has prayed for the following reliefs:-

(2.) The petitioner has claimed entitlement to an MBBS seat for her daughter out of the seats allocated to the State of Meghalaya from the Central Pool by the Government of India on the basis of Office Memo No.U.12012/9/2005-NE (Pt.I)/ME-IV dated 28.04.2008 issued by the ME-IV Section, Ministry of Health and Family Welfare, Government of India and addressed to the Health and Medical Education Department, Government of Meghalaya; and Memo No.U-14014/3/2008/ME-IV dated 07.08.2008 whereby, 22 (twenty two) seats for MBBS Course and 2 (two) seats for BDS Course were allocated to the State of Meghalaya in different medical colleges in the country out of the Central Pool. The relevant contents of the aforesaid Memo dated 28.04.2008 are as under:-

(3.) In the other Memo dated 07.08.2008, while indicating the allocation of MBBS and BDS seats from the Central Pool quota to the State of Meghalaya for the academic session 2008-09 in different medical colleges in the country, it was, of course, stated that out of the seats allocated for MBBS Course, 2 (two) seats were reserved for the children of faculty members of NEIGRIHMS and in case eligible candidates were not available, those seats could be utilized for other candidates of Meghalaya State. The said note in the Memo dated 07.08.2008 reads as under:-