Gauhati High Court Orders Rs 1 Lakh Compensation, Future Admission To Reserved Category MBBS Aspirant Erroneously Denied Seat
The Gauhati High Court recently directed the State Government to grant admission in MBBS Course at Assam Medical College, Dibrugarh to a OBC Ex-TGL Category candidate in the next academic session, who was initially given admission in the said course and later his name was removed from the revised list of admission, on the ground that the said candidate was illegally deprived of his...
The Gauhati High Court recently directed the State Government to grant admission in MBBS Course at Assam Medical College, Dibrugarh to a OBC Ex-TGL Category candidate in the next academic session, who was initially given admission in the said course and later his name was removed from the revised list of admission, on the ground that the said candidate was illegally deprived of his admission.
The single judge bench of Justice Kardak Ete further directed the State to provide a compensation of Rs. 1 lakhs to the said candidate for loss of one academic year, for no fault on his part.
The petitioner, who belongs to OBC Ex-TGL community, a recognized backward community in the State of Assam, was admitted to the 1st year MBBS course at Assam Medical College, Dibrugarh on September 07, 2023 on having scored 417 marks in the National Eligibility cum Entrance Test for undergraduate 2023 (NEET-UG-2023) and selected pursuant to the Admission Notice dated September 03, 2023.
However, by another admission notice dated September 29, 2023, the Director of Medical Education, Assam, cancelled the earlier notices whereby, select list of the selected candidates, who belonged to OBC TGL/Ex-TGL category for admission into the 1st year MBBS/BDS courses for the session-2023, was purportedly revised in which the name of the petitioner was dropped.
Being aggrieved of such non inclusion in the revised admission, the petitioner approached the High Court by filing an earlier writ petition which was disposed of on October 12, 2023, directing the petitioner to appear before the State Level Caste Scrutiny Committee on October 16, 2023 with necessary documents to establish his claim and the State Level Committee was directed to verify and take a decision.
However, State Level Caste Scrutiny Committee did not take any decision consequent to which the petitioner was on the verge of losing his seat in the 1st year MBBS course-2023 in Assam Medical College, Dibrugarh. Hence, the petitioner filed the present writ petition.
During pendency of the present writ petition the State Level Caste Scrutiny Committee held its meeting on December 29, 2023 and December 30, 2023 and arrived at the finding that the claim of the petitioner is genuine that he belongs to the OBC Ex-TGL community.
The Counsel appearing for the petitioner submitted that the petitioner belongs to Ex-TGL category candidate which has been confirmed by the competent authorities is entitled to continue his MBBS course at Assam Medical college, Dibrugarh. It was further argued that the has lost one precious year without any fault on his part, the petitioner be extended monetary compensation as may be considered appropriate by the Court.
The Standing Counsel for the Health Department submitted that in the facts and circumstances of the present case, there is no option left other than to follow the case of S. Krishna Sradha v. State of Andhra Pradesh and Ors. (2020) 17 SCC 465. Therefore, it was argued that the Court may pass an appropriate direction directing to increase in the number of seat so that the petitioner could be admitted in the next session i.e. on 2024-25.
The Court set aside the impugned admission notice dated September 29, 2023 by which the name of the petitioner was dropped, as the caste certificate of the petitioner is found to be genuine by the competent authorities.
“…petitioner being a genuine Ex-TGL category candidate, was selected and admitted in the 1st year MBBS course for the session 2023 in Assam Medical College, Dibrugarh, by lapse of time it is not possible to direct grant of admission of the petitioner in the current academic session. Thus, no relief can be granted to the petitioner for admission in the current academic year i.e. 2023-2024, however, the petitioner is entitled to be admitted in the next academic year i.e. 2024-2025 in view of the of observation and the proposition laid down by the Hon'ble Supreme Court,” the Court said.
The Court directed the State authorities to grant admission to the petitioner in the next academic year i.e. 2024-2025 by increasing the number of seats in the Assam Medical College, Dibrugarh and the admission fee (s) deposited by the petitioner at the time of admission vide dated September 07, 2023 be adjusted in the next admission.
“……this court deem it appropriate to grant compensation to the petitioner for lost of one precious academic year of 1st year MBBS course for no fault on his part. Accordingly, State respondents are directed to pay an amount of Rs. 100,000/-( Rupees One lakh ) only to the petitioner as compensation within 6 weeks from the date of receipt of certified copy of the order,” the Court added.
Case Citation: 2024 LiveLaw (Gau) 16
Case Title: Kuldeep Tasa v. The State of Assam & Ors.
Case No.: WP(C)/7103/2023