SHAHEEN RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appropriate intervention of the Court to facilitate the admission of the petitioner to the Post Graduate Course in Medicine in the discipline of obstetrics and Gynaecology has been sought by means of the present writ application. The determination of the petitioner's entitlement to the aforesaid relief would require a recital of the core facts, which are being noticed herein below.

(2.) Entrance examinations for admission to the various postgraduate courses in the Medical Colleges of the State for the years 2001, 2002,2003 and 2004 were held between 9th and 12th of April 2004. As the entrance examinations for all the four years were being held almost simultaneously, the petitioner appeared in the entrance examination for each year. However, for the purpose of the present case, it is the academic year 2004, alone, which would be relevant. The results of the entrance examinations in respect of the aforesaid particular year i.e. 2004 was declared on 13.5.2004 and the position of the petitioner in order of merit was at serial No. 717. In the counselling that took place, the petitioner was offered a seat in the subject of Community Medicine (S.P.M.) in the Gauhati Medical College though his first preference, in so far as the subject is concerned, was Obstetrics and Gynecology. The petitioner joined the course in which he was offered admission i.e. Community Medicine and the classes commenced from 1st of June 2004. Thereafter, according to the petitioner, two candidates selected for admission to the Post Graduate Course in Obstetrics and Gynecology in the Gauhati Medical College did not join and there was another vacant seat in the said subject in the Silchar Medical College. Accordingly, he submitted a representation for grant of admission against any one of the aforesaid seats, which received by the author- iity on 8.7.2004. According to the petitioner, as no timely action was taken, he had approached this Court by filing a writ petition registered and numbered as W.P. (C) No. 5040 of 2004. This Court by order dated 20.7.2004 disposed of the writ petition filed by the petitioner by directing the respondent authority to consider the case of the petitioner for admission in the P.G. Course in Obstetrics and Gynecology alongwith other candidates, if any. The aforesaid direction of the Court was required to be complied with within a period of one month. According to the petitioner, thereafter, by an order dated 19.8.2004 passed by the Director of Medical Education, the petitioner was informed that he would not be entitled to admission in the post graduate course in Obstetrics and Gynecology as there are many other candidates above the petitioner in the merit list, who had offered choice of the aforesaid subject i.e. Obstetrics and Gynecology. Aggrieved, this second round of litigation has been initiated by the writ petitioner.

(3.) The arguments advanced by Sri A. K. Goswami, learned counsel appearing for the writ petitioner, reduced to its core, is to the effect that in the affidavit filed on behalf of the official respondents a seat in Obstetrics; and Gynecology in Silchar Medical College has been admitted to vacant at the relevant point of time. From a report dated 12.7.20(04 of the Professor and Head of the Department of Obstetrics and Gynecology, Gauhati Medical College to the Principal of the said'College, it is clear and evident that two of the candidates selected for admission for the session 2004 in the said discipline did not join till 12.7.2004. The petitioner had submitted his representation for being adjusted against one of the vacant seats prior to 12.7.2004 and therefore what the authority should havedone is to offer the vacant seats to the candidates who had opted for the subject in question on the basis of their inter-se merit. This course of action, according to Sri Goswami, should have been adopted at least after the order dated 20.7.2004 was passed by this Court in W.P. (C) No. 5040 of 2004. In that event, the petitioner stood a chance of being offered the course, in case the persons above him in merit declined to accept admission in the Obstetrics and Gynecology course. Instead of acting in the above manner, the authority by the impugned order dated 19.8.2004 had rejected the claim of the petitioner merely on the ground that there were others who had opted for the subject and who were better placed in merit than the writ petitioner. In these circumstances, Sri Goswami has submitted, the petitioner's entitlement to be considered for admission to the M.D. Course in Obstetrics and Gynecology has not been correctly and fairly considered by the authority and appropriate directions are liable to be issued by the Court to correct the error committed. Sri Goswami has also submitted that the post graduate classes in different disciplines including Obstetrics and Gynecology having commenced from 1 st of June 2004, it is not too late in the day for the petitioner to be suitably accommodated in the said course.