LAWS(GAU)-2005-2-76

UTPAL PAMEY Vs. STATE OF ASSAM AND ORS.

Decided On February 01, 2005
Utpal Pamey Appellant
V/S
STATE OF ASSAM And ORS. Respondents

JUDGEMENT

(1.) The writ petitioner was an aspirant for admission to the First Year M.B.B.S. Course in the Medical Colleges of the State of Assam for the academic session 2004 -05. Fortified with a certificate issued by the competent authority, i.e., the Deputy Commissioner, Dhemaji that the petitioner belongs to the Schedule Tribes (Plains), the petitioner staked a claim against the seats reserved for Scheduled Tribes (Plains) candidates. In the selection that was held, the petitioner secured 131 marks and was placed at serial No. 4 of the waiting list of candidates for admission against the seats reserved for Schedule Tribe (Plains) candidates. In the counseling and the consequential admissions that took place, the first three candidates in the waiting list were offered admission against the MBBS/Dental courses and according to the petitioner he had, in the above manner, become the first candidate in the waiting list. The respondent No. 5, i.e., Pranamika Konyak, whose name appeared against serial No. 4 of the main list of candidates selected for admission against the seats earmarked for the Schedule Tribe (Plains) candidates according to the petitioner, is a Naga living in a plains district of Assam, i.e., Sibsagar. According to the petitioner, a member of any Naga Tribe is a member of a Schedule Tribe (Hills) and though such a person may be living in a plains district, he/she has to be treated as such. Specifically such a situation is dealt with by the Government Memorandum dated 24.12.1982, in terms of which, the respondent No. 5 has to be treated as a Scheduled Tribe (Hills) candidate though a caste certificate certifying her to be a member of the Schedule Tribe (Plains) was issued by the Deputy Commissioner, Sibsagar. Contending that the Office Memorandum dated 24.12.1982 had clearly visualised categorization of persons like the respondent No. 5 as members of the Schedule Tribe (Hills) and not Schedule Tribe (Plains), the instant writ application has been filed calling into question the admission granted to the respondent No. 5 as a Schedule Tribe (Plains) candidate against the seats earmarked for such candidates. The upgraded position of the petitioner in the waiting list, i.e., at serial No. 1 has been advanced to justify the claim made by the petitioner for admission against the seat allotted to the respondent No. 5.

(2.) The petitioner having prayed for what can now legitimately be termed as "Midstream admission", perhaps, it will be appropriate to consider the said entitlement of the petitioner at the first instance on an assumed unjustified denial of admission and, thereafter, proceed in the matter, as may be required.

(3.) The power of the Court to grant admission to an eligible candidate upon recording a finding of unjustified denial of admission to such a candidate has now to be exercised by the Court keeping in mind the policy guidelines and time -schedule framed by the Medical Council of India pursuant to the judgment of the Apex Court in the case of Medical Council of India v/s. Madhu Singh and Ors. reported in . While it will not be necessary for the Court to extract the detail provisions of the time -schedule framed by the Medical Council of India, two dates in this connection, which would be of particular significance must be noted. The first is the dates between 1st August and 31st August of a Calendar year, which has been stipulated to be the dates between which the 1st Year MBBS session must start. The second date of particular significance would be 30th September of a year, which has been stipulated to be the outer date for completion of all admissions against all categories of seats and beyond which date no admission will be permissible. The above time schedule fixed by the Medical Council of India as the expert body being pursuant to the Apex Court's judgment directing the Medical Council of India to lay down clear policies and guidelines in the matter of medical admissions, and the said guidelines and time schedule having been subsequently approved by the Apex Court, the principles therein must be understood to be largely inflexible knowing little departures which, if permitted, must be justified by the overwhelming facts and circumstances of a given case.