SANGEETA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS petition has been taken up for hearing with priority as it related to the dispute raised pertaining to admission to 1st year MBBS Course in the Medical Colleges in the State of Assam.

(2.) WRIT petitioner is a member of Scheduled Trible (Plains) Community. The petitioner appeared in All India Secondary School Examination (Matriculation) in the year 2001 under the Central Board of Secondary Education and came out successful securing 85% of marks. Thereafter, she pursued her Higher Secondary Course in science stream from Kendriya Vidyalaya, Dullajan, Assam and came out successful in the said examination in the year 2003 having secured 78% of marks. The petitioner appeared in the Joint Entrance Test Examination, 2003 for admission in medical college in the State of Assam. The result of the aforesaid test was declared on 12.7.2003, and the petitioner stood selected in order of merit against Scheduled Tribe (Plains) quota. The result sheet annexed as Annexure -E to the writ petition shows that her position in order of merit amongst the Schedule Tribe (Plains) candidates is 14th. She had scoured 67 marks in the qualifying examination. Having been empanelled in the select list, the petitioner was under the expectation that she would be given a seat in any of the three medical colleges in the State of Assam. But to her dismay and frustration, her candidature stood rejected on the ground that she had not attained the age of 17 years on 1st of August, 2003 as per rules framed by the State Government.

(3.) THE decisions of the Hon'ble Supreme Court make it clear that the guidelines of the Medical Council of India will have to be followed by the authorities in the matter of admission into medical courses in any medical colleges within the territory of India. Relying upon the aforesaid decision in Dr. Preeti Srivastava (supra), this Court in Thokchom Biswajit Singh and Ors. v. State of Manipur and Ors., (2003) 3 GLT 306 interfered with and set aside the admission of candidates belonging to reserved category given in accordance with the State Rules amended immediate before the last date of admission in deviation from the Medical Council of India's guidelines. Therefore, there cannot be any reason for doubt that the guidelines prescribed by the Medical Council of India and approved by the Central Government will have to be followed in the matter of admission.