MONALIDEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant writ petition is filed by the seventeen petitioners- students, who appeared in the joint entrance examination conducted by the Tripura Board of Joint Entrance Examination for selecting the candidates on the basis of their merit for allotting seats earmarked for the students of Tripura, for a direction to the respondents to allot seat for admission to MBBS course to each of the petitioners out of State quota against 25 seats reserved for the students belonging to schedule tribes and also an interim order directing the respondents to provisionally allot the seats for MBBS course against the reserve quota meant for the scheduled tribes in favour of each of the petitioner subject to final decision in the writ petition.

(2.) Heard Mr. A.K. Bhowmik, learned senior Counsel assisted by Mr. M. Debbarma, learned Counsel appearing for the petitioners and Mr. D. P. Kundu, learned Advocate General assisted by Mr. S. Chakraborty, learned Addl. Govt. Advocate as well as Ms. R. Guha, learned Counsel appearing for the respondent No. 1,2,3 and 5. Also heard Me P.K. Biswas, learned Assistant SG appearing for the respondent-Medical Council of India (MCI).

(3.) At the very outset, the learned Advocate General of the State as well as Mr. Biswas. learned Assistant SG would contend that the debate in the instant writ petition is relating to interpretation of Regulations on Graduate Medical Education, 1997 which is subsequently amended on 7.10.2010 by way of amendment notification. Therefore, neither of the respondents will file any counter-affidavit and the matter can be disposed of at the motion stage as the petitioners admittedly appeared in the joint entrance examination and did not obtain a minimum of 40% marks in the joint entrance examination though they have obtained above 40% marks in the qualifying examination.