ABHISHEK KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY means of this writ petition, the petitioner, who was an aspirant for admission into M. B. B. S/b. D. S course for the session 2006 has assailed the legality and validity of the order passed by the Director of Medical Education, Assam canceling the seat, which was earlier allotted to the petitioner. The impugned order has been passed by the Director of Medical Education, Assam (D. M. E.) on 28. 9. 2006. As per the additional affidavit filed by the petitioner, he was informed of the decision only on 4. 10. 2006 by the D. M. E's office by handing over the copy of the impugned order dated 28. 9. 2006 to the petitioner when he had visited him in the office. Being aggrieved by the impugned order, the petitioner immediately approached this Court by filing the writ petition on 9. 10. 2006. The matter was first listed on 10. 10. 2006 and was adjourned to 1. 11. 2006 enabling the learned State counsel to obtain instructions. Upon failure to obtain instructions, the matter was again adjourned on 1. 11. 2006 to 8. 11. 2006. On 8. 11. 2006, the learned State counsel was requested to produce the records as indicated in the impugned order dated 28. 9. 2006.

(2.) ON 20. 11. 2006 also, the matter was adjourned to 27. 11. 2006 on the request of the learned State counsel as well as counsel representing the DME Assam. On 27. 11. 2006 also, the matter could not be taken up as it had to be adjourned on the request of the learned counsel for the respondents.

(3.) ON 8. 12. 2006, on the request of the learned counsel for the DME Assam, the matter was again adjourned to 13. 12. 2006. On 13. 12. 2006, a prayer was made by the learned counsel for the petitioner to file an affidavit-in-reply to the affidavit-in-opposition filed by the DME Assam i. e. the Respondent No. 2. On 19. 3. 2007, the matter was ordered to be listed for admission-hearing on 20. 3. 2007. During the course of hearing on 20. 3. 2007, the learned counsel for the Respondent No. 2, upon failure to produce all the relevant records, prayed for time and the same was reluctantly granted up-to 22. 3. 2007. This is how the matter was taken up for final adjudication today.