Gauhati High Court
Ahadul Laskar vs The State Of Assam And Anr on 22 November, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/6
GAHC010220922022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6973/2022
AHADUL LASKAR
S/O. AHMED ALI LASKAR, VILL. SAIDPUR PART-II, P.O. NIT (BORAKHAI),
DIST. CACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE COMM. AND SECY. TO THE GOVT. F ASSAM, MEDICAL
EDUCATION AND RESEARCH DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIX MILE
KHANAPARA
GUWAHATI-22
Advocate for the Petitioner : MR. N H LASKAR
Advocate for the Respondent : SC, HEALTH
Linked Case : WP(C)/7083/2022
SEGUPTA YEASMIN BORBHUIYA
D/O- NUR ISLAM BORBHUIYA
R/O- VILLAGE- UTTAR KRISHNAPUR
PART-II
P.O.- KRISHNAPUR
SILCHAR
P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM- 788006.
Page No.# 2/6
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT OF ASSAM
HEALTH DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
KHANAPARA
GUWAHATI-22.
3:UNION OF INDIA
REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
NIRMAN BHAWAN
NEW DELHI- 110011.
4:THE NATIONAL MEDICAL COMMISSION OF INDIA
REPRESENTED BY ITS CHAIRMAN
POCKET-14 SECTOR-8
DWARKA PHASE NO.- 1
NEW DELHI- 110077.
5:SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES (SSUHS)
REPRESENTED BY ITS REGISTRAR
BHANGAGARH
GUWAHATI- 781032.
------------
Advocate for : MR B D DAS
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/6846/2022
MAMSHADUL ALOM
S/O- ABDUL KADIR
R/O- SABAJPUR
MURAJHAR BAZAR
HOJAI
PIN- 782439
DIST.- HOJAI
Page No.# 3/6
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
THROUGH- THE COMM. AND SECY.
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPTT.
DISPUR
GHY-06
2:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIX MILE
KHANAPARA
GHY-22
------------
Advocate for : MD. I HUSSAIN
Advocate for : SC
HEALTH AND F W appearing for THE STATE OF ASSAM AND ANR.
Linked Case : WP(C)/7167/2022
MIFTAHUL ABED KHAN
S/O. ALTAB HUSSAIN KHAN
R/O. VILL. AND P.O. BALAGAON
P.S. KALGACHIA
DIST. BARPETA
PIN-781319
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY COMMISSIONER AND SECY. TO TH GOVT. OF ASSAM
MEDICAL AND EDUCATION RESEARCH DEPTT.
DISPUR
GUWAHATI-781006
KAMRUP (M)
ASSAM.
2:THE DIRECTOR OF MEDICAL EDUCATION AND RESEARCH DEPTT.
SIXMILE
KHANAPARA
GUWAHATI-781022
KAMRUP (M)
Page No.# 4/6
ASSAM.
------------
Advocate for : MR. K A MAZUMDER
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
22-11-2022 Heard Mr. N. H. Laskar, learned counsel for the petitioner in WP(C) No. 6973/2022 and 6846/2022; Mr. B. D. Das, learned Senior counsel, assisted by Mr. H. K. Sarma, learned counsel for the petitioner in WP(C) No. 7083/2022 and Mr. K. A. Mazumder, learned counsel for the petitioner in WP(C) No.7167/2022. Also heard Mr. B. Gogoi, learned Standing Counsel, health and Family Welfare Department for the State respondents.
The petitioners have qualified the National Eligibility cum Entrance Test (NEET) Examination, 2022 for admission in the 1 st Year MBBS/BDS Course in Government Medical and Dental Colleges of Assam for the Session 2022-2023 under the 'Persons with Disability (DIVYANG)' category.
For their said purpose of admission in the 1st Year MBBS/BDS Course, the petitioners appeared before the concerned Medical Board for assessing their specified disability. However, after assessment of their specified disability by the concerned Medical Board, cases of the petitioners for their admission in the 1 st Year MBBS/BDS Course have been rejected as they have been found 'not eligible' for such admission under the PwD category.
During the deliberation of the matters, it is seen that following the Notification No.MCI-34(41)/2018-Med./170045 dated 04.02.2019 namely, the "Regulations on Page No.# 5/6 Graduate Medical Education (Amendment), 2019" published in the Gazette of India Extraordinary Part-III-Section-4 on 05.02.2019, whereby the National Medical Council (NMC, in short) amended the "Regulations on Graduate Medical Education, 1997"
amongst others, the Appendix-H of said 1997 Regulations that relates to "Guidelines regarding admission of students with "Specified Disabilities" under the Rights of Persons with Disabilities Act, 2016 with respect of admission in MBBS", the respondent authorities finding the petitioners ineligible under the PwD category rejected their cases for admission in the aforesaid course in the Government Medical/Dental Colleges of the State.
Since the cases of the petitioners for their admission under the PwD category have been rejected following the guidelines issued by the NMC, as noted above, though the NMC is not a party in these proceedings, on being asked by the Court to be present in these matters, Mr. A. M. Bora, learned Senior Counsel and Standing Counsel of the NMC, assisted by Mr. D. K. Baidya, learned counsel appeared in these matters.
For proper adjudication of these matters, the National Medical Council represented by its Secretary General, New Delhi be impleaded as party respondents No. 3 in WP(C) Nos. 6973/2022, 6846/2022 and 7167/2022 and as party respondent No. 6 in WP(C) No. 7083/2022.
The counsels for the petitioners submitted that subsequent to the said Guideline dated 04.02.2019 published in the Gazette of India on 05.02.2019, the NMC have issued Guidelines to be eligible for admission to MBBS/BDS Course including the category of PwD.
On the next date fixed, the National Medical Council shall apprise the Court as to whether the said Notification No.MCI-34(41)/2018-Med./170045 dated 04.02.2019 issued by the National Medical Council pertaining to admission in MBBS/BDS Course with regard to Persons with Disabilities is still in force for the purpose of admission to Page No.# 6/6 MBBS/BDS Course for the Session 2022-2023 or not? If not, then the NMC shall place the relevant Notifications/Rules/ Guidelines that is/are applicable for admission of the candidates under the category of PwD in the 1 st year MBBS/BDS Course for the 2022- 23 academic Session.
Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department of the State appearing for the official respondents in the Health and Family Welfare Department shall furnish the copies of their affidavits filed in each of this batch of writ petition to Mr. D. K. Baidya, learned counsel appearing for NMC during the course of the day.
A copy of this order be furnished to Mr. D. K. Baidya, learned counsel assisting Mr. A. M. Bora, learned Senior Counsel and Standing Counsel for the National Medical Council (NMC) for their necessary use.
Registry shall reflect the name of Standing Counsel, National Medical Council under the respondents column against these matters.
List on 28.11.2022.
JUDGE Comparing Assistant