STATE OF NAGALAND Vs. VATSALA PANGHAL

JUDGEMENT

(1.) We have heard Ms. V. Shoukhrie, learned Addl. AG, Nagaland, Mr. K. Gogoi, learned CGC for the Union of India and Mr. Akshay Bhandari, learned counsel for the private respondent/writ petitioner.

(2.) A challenge has been thrown to the common judgment and order passed in WP(C) 134/2025 and WP(C)/138/2025, wherein a learned Single Judge has quashed the Notification No. HTE/RESERVE/23-1/2012/474 dtd. 9/9/2021 (for short Notification dtd. 9/9/2021) issued by the Government of Nagaland in the Higher and Technical Education Department by holding it to be arbitrary and contradictory to the Office Memorandum dtd. 28/7/2025 (for short Guideline dtd. 28/7/2027) issued by the Central Government prescribing guidelines for allocation of Central Pool MMBS /BDS seats for the academic year 2025-2026.

(3.) The fact, in a nutshell, is that the writ petitioner is a ward of a Colonel of the Indian Army, posted as Commanding Officer of 1 Nagaland Battalion NCC at Kohima. She had applied for a seat in the MBBS course from one of the 42 seats allocated to the State of Nagaland from the Central Pool. When her name did not find place in the merit list of provisional selected candidate of Nagaland State NEET (UG) prepared by the Directorate of Technical Education, Nagaland, she preferred WP(C) No. 134/2025, primarily on the ground that though she is entitled for such a seat, for the reason that she has obtained marks above the cut off mark but her name did not figure in the merit list. By an interim order, the learned Single Judge directed the respondent authorities to allow the writ petitioner to participate provisionally in the counselling for allocation of seats for the MBBS course for the State of Nagaland.