SAFIQUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr, AB Choudhury, learned counsel for the petitioner, Mr. B. Choudhury, learned Additional Senior Government Advocate, Assam, assisted by Mr. D. Goswami, learned Government Advocate, Assam.

(2.) In this application under Article 226 of the Constitution of India, the petitioner has sought for a writ of mandamus on the respondents to admit him into the First Year MBBS Course/BDS Course for the session 1996-97 either in the Assam Medical College, Dibrugarh or in Silchar Medical College, Silchar.

(3.) The facts briefly are that by an Educational Notice issued by the Chairman, Selection Board and Director of Medical Education, Assam, applications were invited from candidates for admission into the First Year MBBS/BDS course in the Medical Colleges of Assam and the Regional Dental College, Guwahali. In the said educational Notice, it was clearly indicated that two seats in MBBS course one in the Assam Medical College, Dibmgarh and the other in the Silchar Medical College, Silchar were reserved for candidates belonging to Char areas. The admissions to the Medical Colleges of Assam and the Regional Dental College, Guwahati, are regulated by a set of Executive Instructions notified by notification dated 16.8.1996, called the Medical Colleges of Assam and Regional Dental College (Regulation of Admission of Under-Graduate Students) Rules, 1996 (For short "1996 Rules"). Under the 1996 Rules, the eligible amongst the applicants were to take common entrance examination and on the basis of the marks secured by the candidates in the said common entrance examination in Physics, Chemistry and Biology, merit list was to be prepared separately for the general seats and for the reserved seats. Rule 6 of the 1996 Rules provided that two seats in MBBS course only would be reserved for socially and educationally backward persons ordinarily residing in areas covered by the Assam State Char Areas Development Authority and not entitled to any other forms of reservation. In response to the said advertisement, the petitioner applied for admission to the aforesaid seats reserved for socially and educationally backward persons ordinarily residing in areas covered by the Assam State Char Areas Development Authority and took the common entrance examination. In the merit list of socially and educationally backward persons ordinarily residing in areas covered by the Assam State Char Areas Development Authority, one Abdus Salam with 124 marks was shown in the first position. Farhad Akhtar Zaman with 124 marks was shown in the second position and the petitioner. Md. Safiqul Islam with 123 marks was shown in the third position. The petitioner- then filed a writ petition being civil Rule No.622/97 in this court contending that Farhad Akhtar Zaman was not entitled to admission in the reserved seat meant for socially and educationally backward persons ordinarily residing in areas covered by the Assam State Char Areas Development Authority. So Farhad Akhtar Zaman also filed a writ petition in this court numbered Civil Rule No. 1216/97 contending that the petitioner, Md. Safiqal Islam was also not entitled to admission to the seat reserved for socially and educationally backward persons ordinarily residing in areas covered by the Assam State Char Areas Development Authority. The two writ petitions were heard and a common judgment was delivered by this court on 23.7.1997. In the said common judgment, the court found that the Deputy Commissioner, Dhubri had already made an enquiry and submitted a report on 16.5.1997 to the effect that Farhad Akhtar Zaman was the son of a retired Additional Chief Engineer, PWD, Government of Assam and was neither a resident of Char area nor could he be regarded as an economically and socially backward person. In view of the said report Deputy Commissioner, Dhubri, the Court held that Farhad Akhtar Zaman was not entitled to admission in the quota reserved for socially and educationally backward persons ordinarily residing in areas covered by the Assam State Char Areas Development Authority. But by the said common judgment, the court was of the view that since there was some doubt with regard to the petitioner. Md. Safiqul Islam, an enquiry should be held by the authority as to whether he was entitled to admission in the said quota reserved for socially and educationally backward persons ordinarily residing in areas covered by the Assam State Char Areas Development Authority, and accordingly directed for such an enquiry. Pursuant to the said judgment of this court, an enquiry was conducted by the Director of Medical Education and by order dated 19.8.1997, the Director of Medical Education, Assam, held that the petitioner, Md. Safiqul Islam was not socially and educationally backward person and rejected his claim for selection in the aforesaid reserved quota. Aggrieved, the petitioner moved this court again under Article 226 of the Constitution in Civil Rule No. 4676/97 and by JUDGMENT & ORDER dated 8.4.1999, this court was of the view that the petitioner was entitled to protection as a socially and educationally backward person and directed the Secretary to the Government of Assam, Health & Family Welfare Department to under the exercise and examine the matter as early as possible. By the said JUDGMENT & ORDER, this court continued the interim order passed on 23.7.1997 in the said Civil Rule for keeping the reserved seat for Char Areas vacant. Pursuant to the said direction of this court, the Secretary to the Government of Assam. Health & Family Welfare (B) Department made an enquiry and finally held that the petitioner was a resident of Char areas and his father was a low paid LP School teacher without any oilier earning member in the family and, as such, the petitioner was eligible to claim a seat under the Char Areas quota. In the said order dated 22.6.1999, however, the secretary, Health & Family Welfare (B) Department observed that the petitioner was selected for admission for 1996-97 academic session and that two more batches have been admitted thereafter. He further observed that medical education is a highly technical and professional subject which does not permit entry of a student in the middle of the course in the interest of the student himself and also in the interest of public and on these facts left the mater to the Selection Board for examination and consideration. The grievance of the petitioner is that although about 5 months have passed thereafter, the Selection Board has not intimated the result of the examination and consideration in the matter.