ELLORA BORTHAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal has been preferred against the judgment and order passed by the learned Single Judge dated 25.6.98 in Civil Rule No. 816 of 1998, filed by petitioners/respondents No. 7 and 8, directing that in case seat for the session 1995-96 in M.D. (Radiology) is still lying vacant, the case of the Respondent No. 7 would be considered for admission. Accordingly, the Respondent No.7 was given admission in October, 1998 in the course of M.D. (Radiology) against a seat for the session 1995-96.

(2.) The case of the appellant is that she appeared in the entrance examination for admission to the P.G. course for the session 1995-96, but she could not secure her admission, as per her choice in P.G. Course, due to non-availability of the seat. However, subsequently the seats reserved for central pool for the session 1995-96 were released. As those released seats were not allotted on the basis of merit, the appellant filed writ petition being Civil Rule No. 2870 of 1997, but the same was rejected. She preferred Writ Appeal No. 630 of 1997 which was allowed. Accordingly, the appellant was given admission in Radiology Diploma course in pursuance of the judgment rendered in Writ Appeal No. 630 of 1997. Later on, the appellant filed another petition being Civil Rule No. 816 of 1998 claiming her admission in the degree course namely, M.D. (Radiology) on the basis of merit against the vacant seat for the session 1995-96 and an interim order was also passed to consider the case of the appellant. In the meantime, the Respondent No.7 claimed the said seat as N.E.C. sponsored candidate. On the basis of recommendation, for granting benefit in the matter of admission against reservation under Rule; 4 (ii) of the Assam Medical Colleges (Regulation of Admission of Post-Graduate Counses) Rules, 1997.

(3.) Sub-rule (ii) of Rule 4 of the Assam Medical Colleges (Regulation of Admission to Bbst-Graduate Courses) Rules, 1997, relates to reservation of N.E.C. quota resenving two seats in P.G. degree courses and two seats in Diploma course for the candidates recommended by the North Eastern Council. The Respondent N.7 claimed one of the said two seats of P.G. degree course under the provisions of Rule 4 (ii) of the Assam Medical Colleges (Regulation of Admission to Post- Graduate Courses) Rules, 1997, while the petitioner, in Civil Rule No.816 of 1998, as indicated earlier claimed the same, on merit. But the Respondent No.7 has been given benefit of Rule 4 (ii) of the Rules mentioned above in pursuance of the judgment dated 25.6.98. The present appellant being aggrieved by the aforesaid judgment dated 25.6.98 preferred this appeal.