RABISHANKAR DEBNATH Vs. STATE OF TRIPURA & ORS.

JUDGEMENT

(1.) I have heard Mr. D. Biswas, and Mr. G.S. Bhattacherjee, learned counsel for the petitioner, and Mr. N.C. Pal, learned Senior Government counsel for the respondent Nos. 1, 2 and 3. I have learned also Mr. S. Talapatra, learned senior counsel, assisted by Mr. B. Banerjee, for the respondents No. 5, and Mr. T.D. Majumdar, learned counsel, for the respondent No. 4.

(2.) Pursuant to the Education Notification published, on 16.7.2010, by the Director of Health, Services and Medical Education, Government of Tripura, inviting applications for MBBS Entrance Examination Test for the Session 2010-11, the petitioner herein along with respondent No. 5 and many others applied and participated in the selection process. In the select list, the petitioner, who is, otherwise, a candidate belonging in to the unreserved category, did not figure.

(3.) On the ground, however, that the petitioner's father was an ex-serviceman and that the petitioner, by virtue of the fact i.e. his father was in Ex-serviceman, is entitled to be admitted to the MBBS course, but the same had been illegally and unjustly denied to him by the State respondents, although similarly situated person, namely, respondent No. 5 herein had been granted admission, because he was ward of an Ex-serviceman, this writ petition has been filed by the petitioner, under Art. 226 of the Constitution of India, seeking, inter alia, directions to be issued to consider the petitioner for admission in MBBS course, the petitioner having secured No. 1 position in the wait list in terms of merit, under the quota meant for the wards of Ex-servicemen in Tripura Schedule Caste and Scheduled Tribe Reservation Act, 1991 (hereinafter referred to as "the Reservation Act, 1991") provides for reservation, in higher educational institutions, in respect of words of ex-serviceman.