The Gauhati High Court has issued notice on a petition related to admission in MBBS course in the medical colleges run by the state of Mizoram.
According to Senior Counsel K.N. Choudhury, the case of the petitioners was covered by the judgement and order dated 22/02/2019 passed in PIL No. 49/2016.
He submitted that the petitioners belong to the Chhakma community, which was recognised as a Schedule Caste (ST) community in the State of Mizoram and, therefore, they would be entitled to the benefit of the State quota reserved for the ST category candidates.
Choudhury further argued that three seats in the MBBS course was still vacant and since the classes have already commenced and the petitioners have a strong prima facie case in their favour, an interim order be passed directing the State to provisionally allow them to attend classes.
The Senior Counsel for the petitioners, however, fairly submitted that since there are 5 (five) petitioners and only 3 (three) seats are available, the top three candidates, in order of merit, be accommodated for the present.
D. Das, Advocate General, Mizoram, submitted that the Government is examining the Rules and therefore, at this stage, it cannot be said whether any amendment to the Rule would be brought about in near future. However, the AG has not denied or disputed the fact that classes of the MBBS course have already commenced for the current session.
From a perusal of the materials on record, the Division Bench of Justice Suman Shyam and Justice Parthivjyoti Saikia noted that the case of the petitioners is covered by the judgement of this Court rendered in PIL No. 49/2016. Hence, the interest of the petitioners merits protection by an order of the High Court.
The Court held that it is not in dispute that the classes of the MBBS course for the current session have already commenced and there are 3(three) vacant seats available at present. Therefore, if the three out of five petitioners were accommodated against those seats, no prejudice would be caused to either side.
On the contrary, if the seats remain vacant and eventually the petitioners succeed in the writ petition, then in that event, enormous prejudice would be caused to the writ petitioners.
Therefore, having regard to the peculiar facts and circumstances of the case and by adopting a balanced approach, the Court was of the considered opinion that the present was a fit case wherein an interim order was required to be passed.
The Court directed the first three petitioners (according to the marks obtained by the petitioners) be provisionally admitted and permitted to attend the classes in the MBBS Course as an interim order.