SADDAM HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred challenging an order dtd. 19/4/2024 passed by the learned single Judge in a writ petition being WPA 24098 of 2023. By the said order, the appellant's prayer for issuance of necessary direction upon the respondents to allow the appellant to migrate from JIS School of Medical Science and Research (hereinafter referred to as JIS), a private institution, to any government medical college and to pursue the MBBS course, was refused and the writ petition was dismissed.

(2.) The appellant/ writ petitioner's case is that he hails from very poor minority community. He pursued his studies under extreme financial distress and participated in the National Eligibility-cum-Entrance Test (UG) (hereinafter referred to as NEET) under Economically Weaker Sec. (hereinafter referred to as EWS) Category. He was successful in securing a rank 52515 in NEET. Such ranking was much above other candidates under the EWS category, who got admission in government medical colleges to pursue the MBBS course. During the first round of counselling through online, the server of the West Bengal Medical Counselling Committee (herein after referred to as WBMCC) was not working properly and the appellant could not register his name since no one time password (hereinafter referred to as OTP) was sent to his registered mobile number and email Id. He immediately made a phone call to the help line number of West Bengal Medical Counselling Committee (hereinafter referred to as WBMCC) on 28/7/2023 at about 7 pm and prayed for assistance but he was advised to participate in the second round of counselling. Aggrieved thereby, the appellant submitted a representation to the respondent no. 4 on 26/9/2023 followed by a demand notice through his learned advocate. Thereafter, he was called for a hearing on 29/9/2023 by the respondent no.4. At the time of hearing, he was verbally directed to take admission first at JIS as had been allotted to him in the subsequent counselling process and he was assured that thereafter the said respondent would arrange for his migration to any government medical college. On the basis of such assurance, the appellant took admission at JIS. On the instruction of the Nodal Officer, the appellant was granted admission without tuition fees. However, subsequent to such admission no steps were taken by the respondents to admit appellant in a government medical college.

(3.) In the said conspectus, Mr. Bhattacharya, learned advocate appearing for the appellant argues that mere sending of OTP does not prove that OTP was delivered. The appellant thus could not participate in the first round of counselling due to the laches on the part of the respondents. In the event he could have participated in the first round of counselling, he would have positively got admission in a government medical college on the basis of his rank in NEET. The EWS category of reservation was incorporated with the sole object to uplift and accommodate brilliant students from the lowest strata of the society. It is the duty and responsibility of the State to ensure that such poor students do not succumb to the procedural rigmarole. The appellant had been victimized for no fault on his part and in such circumstances the learned single Judge ought to have exercised discretion in his favour and allowed him to take admission in any government medical college. Reliance has been placed upon a judgment delivered in the case of S. Krishna Sradha versus State of Andhra Pradesh and others, reported in (2020) 7 SCC 465.