PRATAP KR DEB Vs. BIKASH ROY

JUDGEMENT

(1.) This appeal by the respondent No. 5 in the writ petition, whose admission in the First Year MBBS Course in Assam Medical College, Dibrugarh for the Session 2004 has been set aside, is directed against the judgment and order dated 9/12/04 passed by the learned Single Judge in Writ Petition (C) No. 5767/2004.

(2.) The Respondent No. 1 herein filed writ petition No. 5767/04 praying for directing the respondents, namely, State of Assam, Director of Medical Education, Gauhati University and the Controller of Examination of Gauhati University to produce the records including Form 'A', 'B' and Certificates of the candidates bearing Roll Nos. 01272,07583 and 02430 of Common Entrance Examination (Admission Test) held in the month of June, 2004 for admission in MBBS/BDS/BAMS Courses in the Medical Colleges of the State for the Session 2004-2005 and to verify and/ or scrutinize the same under the supervision of any Judicial Officer of the High Court, without there being any further prayer for setting aside the admission of any candidate into the said Courses pursuant to the said Common Entrance Examination. In the writ petition the candidates who have been allotted with the aforesaid Roll Numbers were initially not made parties but thereafter pursuant to the order dated 30.9.04 passed therein, the present appellant as well as Smti. Swati Lekha Karmakar were impleaded as Respondent Nos. 5 and 6 respectively. The writ petitioner even after the impleadment of the said respondents in the writ petition, pursuant to the said order dated 30.9.04, did not amend the prayer in the writ petition for setting aside the admission of the private respondents, namely, respondent Nos. 5 and 6 therein and also to admit the writ petitioner into the said course pursuant to such examination.

(3.) The Government of Assam, Health and Family Welfare Department issued an Information Brochure regarding admission into the First Year MBBS/BDS/BAMS Courses in the State of Assam for the year 2004, pursuant to which the appellant, respondent No. 1/writ petitioner submitted their applications for appearing in the Common Entrance Examination for selection for admission. A provisional select list of candidates for admission into Under-graduate courses in Medical College in Assam for the Session 2004-2005 was published by the Gauhati University, who conducted the Common Entrance Test in the month of June 2004, wherein the name of the respondent No. I/ writ petitioner finds place at Sl. No. 1 in the waiting list of candidates belonging to OBC/MOBC reserved category, his Roll No being 03520. It is the case of the writ petitioner that the Roll Numbers allotted to the appellant as well as Smti Swati Lekha Karmakar, who was respondent No. 6 in the writ petition, did not find place in the said list of selected candidates in the category of OBC/MOBC. The Controller of Examination thereafter on 13.7.04 issued a notification re-scheduling the date of interview and also issuing a Corrigendum to the provisional selection list by adding the Roll Numbers of the candidates bearing Nos. 01272,07583 and 02430 in OBC/MOBC Category. It will not be out of place to mention that in the merit list of OBC/MOBC candidates published by the Gauhati University, the last candidate got 160 marks out of total 300 marks. The candidates included in the merit list in OBC/ MOBC category by the said Corrigendum received 165, 163 and 162 marks respectively. The respondent No. I/writ petitioner in view of issuance of the said Corrigendum dated 13/7/04 has filed the writ petition, as according to him because of the said Corrigendum his chances of getting admission in the First Year MBBS Course in the Medical Colleges of Assam against OBC/ MOBC Reserved Category was diminished.