SONU Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel for the petitioner, and Ms. R Guha, learned counsel, appearing on behalf of respondent No.l. Heard also Mr. T.D. Majumder, learned counsel for the respondent Nos. 2, 3, 4 and 5.

(2.) While resisting the writ petition, respondent Nos. 2 to 5 have filed their counter affidavit, which has been sworn by one Sri Lalhmingliana Darlong, who is the Chief Executive Officer of Tripura Medical College and Dr. BRAM Teaching Hospital, Hapania, wherein the principal stand taken is that the said college is neither a Government institution nor is it run from the aid of the Government. The affidavit adds, "Except some grants, it does not receive any fund from the Government for running the Institute" and, hence, the provisions of the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, are not applicable to the respondent College. The affidavit further states that it is only the Government educational institute and the educational institute, receiving aid from the Government, which are required to reserve not less than 3% seats for persons with disability.

(3.) Contrary to the above stand, which has been taken, in their counter affidavit, by the respondents aforementioned, the materials, placed on record by the writ petitioner, show prima facie that the land, on which Tripura Medical College and Dr. BRAM Teaching Hospital, Hapania, stands, has been allotted by the Government, the infrastructure of the respondent College has been funded by the Government and the Government has also provided fund for appointments of the faculty members of the respondent College. In fact, there is also a statement made, on record, by the Government of Tripura that the Government of Tripura has taken over, on 23.05.2009, Tripura Medical College and Dr. BRAM Teaching Hospital, Hapania, College from GENET and has constituted a society, under the Societies Registration Act, by the name of Society for Tripura Medical College and Dr. BRAM Teaching Hospital, Hapania. This apart, while applying to the MCI, for permission to conduct the course, in question, the Government has categorized the respondent College as a college of the Government of Tripura with the allocation of fund made in their budget by the Government of Tripura.