SNIGDHATANU SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned Counsel, appearing for the Petitioner. Also heard Mr. N.C. Pal, learned Government Advocate, appearing for the Respondent Nos. 1 to 3, and Mr. P.K. Biswas, learned Assistant Solicitor General of India, appearing for Respondent No. 4.

(2.) Pursuant to the notification, calling for applications for admission into the MBBS Course in Agartala Government Medical College, the Petitioner herein, having obtained more than 50% marks in Physics, Chemistry and Biology in the qualifying examination, namely, Higher Secondary (+ 2 stage), conducted by the Tripura Board of Secondary Education, applied for admission into the MBBS course and as he was qualified, in terms of the Medical Council of India ('MCI' for short) Regulations, to appear in the combined competitive examination, popularly known, in the State of Tripura, as the Joint Entrance Examination (in short 'JEE'), he, having been allowed, appeared in the combined competitive examination. The Petitioner is, admittedly, a disabled person suffering from 40% locomotor disability of lower limbs.The MCI Regulations provide that 3% seats of the sanctioned annual intake, in a Medical College, shall be filled up by the candidates with locomotor disability of lower limbs between 50% and 70% and, in case any seat, in MBBS Course, in this quota of 3%, remains without being filled up on account of unavailability of candidates with locomotor disability of lower limbs between 50% and 70%, then, any such vacant seat, falling under the said 3% quota, shall be filled up by persons with locomotor disability of lower limbs between 40% and 50%. As the Petitioner, according to the information furnished to him by the Tripura Board of Entrance Examination, has secured first position, on merit, amongst the candidates belonging to physically handicapped persons, he claims that he ought to have been granted admission, in the MBBS Course, by the Respondent Nos. 1 to 3 under the said quota of 3%.

(3.) The Respondents have, however, declined to admit the Petitioner, in MBBS Course, on the ground that the Petitioner has not been able to secure 45% mark in the combined entrance examination, though he had obtained, admittedly, as indicated hereinbefore, more than 50% marks, in Physics, Chemistry and Biology, taken together in the qualifying examination, i.e. Higher Secondary (+ 2 stage) School Leaving Examination. Aggrieved by the decision of the Respondents, this writ petition has been filed by the Petitioner, under Article 226 of the Constitution of India, seeking issuance of appropriate directions to the Respondents.