SIMMONS DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of the writ petition, which has been registered as WP(C) No. 354 of 2011, and also the writ appeal, which has arisen out of the judgment and order, dated 09-11-2011, passed in WP(C) No. 337 of 2011, whereby the writ petition stands dismissed inasmuch as the decision in any of the two, namely, the writ petition or the appeal, would have a bearing on the outcome of the other, because some of the issues, raised in the appeal and the writ petition, are closely interlinked and wholly inseverable.

(2.) Before we come to the merit of the writ petition and the appeal, it is necessary to, first, take note of the material facts, which have given rise to the present appeal and, then, take note of the material facts involved with the writ petition. The material facts, leading to the present appeal, are, therefore, set out, in brief, hereinbelow:

(3.) Having indicated the case of the appellants, we, now, turn to the case of those persons, who are writ petitioners in WP(C) No. 354 of 2011. Their case is, in brief, thus: In the State of Tripura, Tripura State Board is the only State Board, which conducts the qualifying examination in Higher Secondary (10+2) and, in such a State, no JEE or combined competitive examination was required to be held inasmuch as the Regulations 4 and 5 of the MCI, if read together, would clearly reveal that the basic qualification, for admission into the MBBS course, is passing of higher secondary or equivalent examination, namely, TBSE, CBSE and ISCE, with not less than 40% marks in Physics, Chemistry and Biology, in the Higher Secondary (10+2) or the equivalent examination, these examination having been described by the MCI s regulations as the qualifying examination and that in the case of a State, such as, Tripura, where, there is only one State Board conducting the qualifying examination, namely, TBSE, holding of the JEE, which the MCI s regulations describe as combined competitive examination, is not at all necessary. The inter se merit list of the candidates, who obtain requisite marks in the qualifying examination, shall, therefore, according to these writ petitioners, become the basis of selection for admission into the MBBS course in a State like Tripura.