SUKANTA SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Both the writ petitions are being disposed of by a common judgment since identical questions of law and fact are involved.

(2.) Briefly stated the facts of the case are that on 30th December, 2013 an advertisement was issued by the Director of Medical Education, Govt. of Tripura inviting applications for admission to three years Post Graduate Courses in Medical Sciences, Agartala Govt. Medical College (AGMC) for the session begins on May, 2014. The Advertisement was not a comprehensive one but made reference to the Information Booklet-cum-Application Form which was to be obtained by the candidates wherein all details were given. The Information Booklet-cum-Application Form has also been produced on record and the seats available in various departments were mentioned in the said Information Booklet. All citizens of India who are domiciles of the State of Tripura and had obtained a recognized MBBS Degree were eligible to apply for admission to the "Open seats" of the Post Graduate Medical Degree. We may clarify here that "Open" here is not used in reference to reservation in respect of Scheduled Caste and Scheduled Tribe candidates but open has been used in contradistinction to sponsored candidates i.e. candidates sponsored by the Govt. of Tripura.

(3.) Clauses 2.1.1.A and 2.1.1.B of the Information Booklet provides that candidates having MBBS degree recognized by MCI, applying for Government Sponsored State Quota Seats would have to follow instructions detailed in para-6 and they were also required to verify, before applying, their eligibility for Govt. sponsorship in accordance with the relevant rules/orders of the Health and Family Welfare Department, Govt. of Tripura. Therefore, there was a stipulation in the Information Booklet that those seeking admissions under the sponsored category should make themselves aware of any rules/orders passed by the Govt. of Tripura in this regard. Para-6 provides for Reservation of State Quota Seats and para-6.1 provides that in service candidates who are sponsored by the Govt. of Tripura are eligible for admission to the Govt. sponsored seats. It is further provided that 50% of the seats of the State Quota would be reserved for Medical Officers employed by the Government of Tripura. It is these seats which are treated as sponsored seats and other seats are treated as "Open seats". Reservation for Scheduled Caste, Scheduled Tribe and Physically Challenged would apply to both Government sponsored and Open seats as per the 100-point roster.