MAYURI SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two appeals are directed against the common JUDGMENT & ORDER dated 24.8.2000 of the learned single judge in WP(C) No. 3250/ 99 and WP(C) No. 3631/99.

(2.) The facts relevant for the purpose of disposal of these two appeals briefly are that admission to MBBS/BDS Course in the Medical Colleges of Assam and the Regional Dental College, Guwahati are regulated by a set of executive instructions notified under notification dated 16th August, 1996 of the Govt of Assam, Health and Family Welfare (B) Department, called the Medical Colleges of Assam and Regional Dental College (Regulation of Admission of Under Graduate Students) Rules, 1996 (for short "the Rules 1996"). In accordance with the Rules, 1996, common entrance examination was held for admission to the MBBS/BDS Course in the Medical Colleges of Assam and in the Regional Dental College, Guwahati, for the academic Session 1998-99. The appellants of the two writ appeals Miss Mayuri Sarma and Shri Udayan Bhattacharjee took the said common entrance examination. While appellant of WA No. 378/2000 Miss Mayuri Sarma was placed against SI No. 25 of the waiting list of candidates of the general category recommended by the Selection Board on the basis of the said common entrance examination, the appellant in WANo. 477/2000 Mr. Udayan Bhattacharjee was neither placed in the select list nor placed in the waiting list of candidates of general category recommended by the Selection Poard. After admission of the selected candidates, 19 candidates in the waiting list of candidates were given admission. The candidates placed against S1 Nos 20 onwards in the waiting list including the appellant Miss Mayuri Sarma were not given admission. Miss Mayuri Sarma filed a writ petition under Article 226 in this court numbered as WP(C) No. 3250/99. Mr. Prabin Barua who was placed against SI No. 22 in the waiting list of general candidates also filed a writ petition under Article 226 of the Constitution in this court numbered as WP(C) No. 3631/99. By a common JUDGMENT & ORDER dated 24th August, 2000, in WP(C) No. 3250/99 and WP(C) No. 3631/99 the learned single judge held, inter alia, that the authorities did not adhere to the rules in filling up the seats and vacancies were filled up in a most arbitrary and illegal manner and seats of Arunachal Pradesh were distributed to two persons who even did not qualify in the entrance examination. In the said JUDGMENT & ORDER, however, the learned single judge did not grant any relief to the writ petitioners. Aggrieved by the said common JUDGMENT & ORDER dated 24th August, 2000 in WP(C) No. 3250/99 and WP(C) No. 3631/99 the appellants have preferred these appeals.

(3.) Mr. K Agarwal, learned counsel for the appellant in WA No. 378/2000 Miss Mayuri Sarma, submitted that the learned single judge having come to the conclusion in the impugned JUDGMENT & ORDER that the authorities did not adhere to the rules in filling up the seats and vacancies were filled up in a most arbitrary manner and seats of Arunachal Pradesh were distributed to two persons who even did not qualify in the entrance examination should have directed the authorities to admit the said appellant. He argued mat the only ground given by the learned single judge in the impugned JUDGMENT & ORDER for not granting relief to the said appellant was that the course was in mis-stream and at this stage it will not be possible to admit the students in any Medical College. According to Mr. Agarwal, this was not a goad ground for the court to refuse relief to the appellant. He argued that under proviso to rules 5 and 6 of the Rules, 1996, seats which remain unfilled have to be filled up by candidates placed in the waiting list recommended by the Selection Board and in relaxation of the said proviso to rules 5 and 6, the authorities have arbitrarily given admission to several candidates including Mr. Udayan Bhattacharjee and thus violated the right of the appellant under Article 14 of the Constitution and this was a fit case in which admission should be granted to the appellant Miss Mayuri Sarma, if necessary by adding one more seat.