LAWS(GAU)-1999-5-33

WANGKHEIRAKPAM SUJATA DEVI Vs. STATE OF MANIPUR

Decided On May 26, 1999
WANGKHEIRAKPAMSUJATA DEVI Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) These 2 (two) writ petitioners who appeared in the Common Entrance Test held in July. 1998 for selection of candidates for State nominations to undergo M.B.B.S./ B.D.S. Courses in various Colleges in India securing 161 and 153 marks have questioned the validity of the re-admission of respondents 5 to 8 into the First M.B.B.S. Course for the Session 1998-99 as per order issued on 16th April. 1999 by the Director. Regional Institute of Medical Sciences. RIMS in pursuance to letter dated 13.4.99 received from the North Eastern Council, on the ground that nominations of said respondents 5 to 8 had earlier been quashed by this Court by order dated 9.2.1999 passed in W.P.(C) 62/99 and W.O.(C) 67/99. on the ground that nominations issued in favour of respondents 3 to 8 were illegal. Writ Appeal was filed by respondents 5 to 8 but the writ appeal was dismissed. Special Leave Petitions were also filed before the Supreme Court, but the same were also dismissed on 22nd March, 1999.

(2.) After nominations earlier issued by the Sl:ate Government in favour of respondents 5 to 8 had been cancelled, fresh nominations were made by the State Government in places of respondents 5 to 8 at RIMS. In terms of this Court's direction, fresh nominations were issued on merit strictly on the basis of the result of Common Entrance Test held in July, 1998. It may be stated that in the said Common Entrance Test, respondent No. 5 secured 148 marks, respondent No. 6 secured 82 marks, respondent No. 7 secured 56 marks and respondent No. 8 secured 82 marks, whereas many of the writ petitioners in the aforesaid writ petitions had secured much higher marks ranging from 152 to 163.

(3.) It may further be stated that earlier respondents 5 to 8 were given admission against 4 (four) M.B.B.S. seats which were released to the State Government by North Eastern Council out of additional 15 (fifteen) seats released by the Central Government tfor the session 1998-99. The nominations of respondents 5 to 8 were cancelled on the ground that such nominations were not made on merit on the basis of the results of Common Entrance Test.