HC passes Interim order, allows three ST candidates to attend MBBS classes in vacant seats

Gauhati: The Gauhati High Court recently allowed three MBBS aspirants belonging to Schedule Caste (ST) community to be provisionally allowed to attend MBBS classes in the vacant seats belonging to the medical colleges of Mizoram.

Such an interim order was passed by the Court as it noted that the MBBS classes have already commenced and not passing any interim relief may cause prejudice to the candidates in future.

The Division bench of Gauhati HC comprising Justice Suman Shyam and Justice Parthivjyoti Saikia also issued notice on the plea regarding MBBS admission in the medical colleges of the State.

The plea was filed by MBBS aspirants belonging to Chhakma Community, which is recognised as a Schedule Caste (ST) community in Mizoram. Therefore, the petitioners argued that they would be entitled to the benefit of the State quota seats reserved for ST candidates.

Referring to three vacant MBBS seats, the petitioners pointed out that the MBBS classes have already commenced. The counsel for the petitioners, Senior Counsel K.N. Choudhury argued that their case is covered by a previous order dated 22/02/2019 passed in respect of a Public Interest Litigation (PIL).

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Contending that they have a strong prima facie case in their favour, the counsel for the petitioners prayed to the Court for passing an interim order directing the State for provisionally allowing them to attend the classes.

However, it was further submitted by the petitioners that since there are 5 petitioners and only 3 vacant seats. Therefore, the petitioners' counsel argued that the top three candidates, according to their merit, should be allowed to attend the classes.

As per the latest media report by India Legal, the counsel for the State, Advocate General D. Das submitted that the Government is examining the Rules. Further, the counsel for the State, submitted that at this stage, it cannot be said if there would be any amendment in the concerned Rules in the near future.

However, the court noted that the AG did not disagree to the fact that the MBBS classes have already commenced for the current session. The bench also perused the materials on record, and noted that the previous order of the Court issued in respect of the PIL back in 2016, would be applicable in this respect.

Noting that the MBBS classes have already commenced and three vacant seats were available currently, the HC bench opined if three out of five petitioners were accommodated against those vacant seats, no prejudice would be caused to any of the side.

Further the bench noted that on the other side, if the seats continued to remain vacant and eventually the petitioners get favourable judgement, enormous prejudice would be caused to them. Therefore, considering the matter, the bench opined that an interim order was required to be passed.

Therefore, passing an interim order, the bench directed the first three petitioners (according to their marks) to be provisionally admitted and allowed for attending the MBBS classes.

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