MD. NAZAMUDDIN TAFADAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Since the aforesaid writ petitions are based on identical facts and since identical reliefs are being sought-for I propose to dispose of both the writ petitions by this common judgment. Heard Sri A.B. Choudhury, learned senior counsel in WP (C) No. 4736 of 2012 and Sri A.K. Hussain, learned counsel in W.P.(C) 4847 of 2012. I have also heard Mr. D. Saikia, learned Additional Advocate General, Assam, representing the State respondents and also heard the learned counsel for the private respondents. I have also gone through the pleadings of both the parties.

(2.) The learned counsel for the writ petitioners submitted that the petitioners had appeared in the Combined Entrance Examination for MBBS/BDS/BAMS Courses held on 19.5.2012 and 20.5.2012 and they were ranked at Sl. No. 374 and 358 respectively. It is the further case of the petitioners that they had applied for admission in the medical course, giving MBBS course as first preference, followed by BDS and BAMS. After the result of the entrance examination the selected candidates were called for counseling. The first counseling was held from 7.7.2012 to 13.7.2012. Both the writ petitioners were interviewed on 10.7.2012 and they were told that all the seats for MBBS Course against general category (unreserved category) were already filled-up on merit basis. On the date of the counseling the petitioners were told that the ranked holder No. 303 was the last candidate in the general category for MBBS course. Having no other alternative, the petitioners accepted the second option of BDS course. The petitioner Smti Shehnaz Haque took admission in the BDS course on the date of the counseling itself i.e. on 10.7.2012. However, the petitioner Sri Nazamuddin Tafadar could take admission in the Regional Dental College only on 19.9.2012, since his selection was withheld pending verification of certain documents. In other words, the result of the aforesaid petitioner was cleared vide office order dated 19.9.2012.

(3.) The learned counsels for the writ petitioners cited the judgment of this Court rendered in the case of Benzir Rahman & Anr. vs. State of Assam & Ors. (WP No. 4624 of 2012) and submitted that the instant writ petitions are covered by the said judgment. Besides this judgment, the learned counsels also relied upon the judgment of the Hon'ble Supreme Court given in the case of ASHA vs. Pt. B.D. Sharma University of Health Sciences & Ors., 2012 7 SCC 389. On the basis of these authorities the learned counsels submitted that the impugned admission order dated 19.9.2012 as well as the Educational Notice dated 25.9.2012 are discriminatory, arbitrary and in violation of the natural justice.