The Single Judge Bench of the Gauhati High Court, comprising Justice Lanusungkum Jamir in the case of Sheikh Nekibuddin Ahmed v. The Principal Secretary, Health and Family Welfare Department, Government of Assam & 6 Ors. has refused to accept the prayer of petitioner to resume her MBBS course after the gap of 13 years due to medical illeness.
Facts of the case
The petitioner was admitted in the First year MBBS Course at Gauhati Medical College for the Session 2009-2010. The petitioner, accordingly, paid all the necessary fees in connection with his admission. However, the petitioner met with an accident and sustained vehicular injury and, thereafter cannot continue her studies. In the year 2020, she submitted a representation in the University to continue her course. The University denied her request. Aggrieved by dismissal of the request, the petitioner approached the High Court.
Submission of the Petitioner
The Counsel appearing on the behalf of the petitioner submitted that the petitioner did not appear in any examinations, his registration would not be available in the Gauhati University and, therefore, he should be allowed to resume his studies from the First Year of the MBBS course in the next/immediate semester. The chain of unfortunate events which took place from 2010 to 2019 were beyond the control of the petitioner and the respondents cannot deprive the petitioner from finishing his MBBS course.
Submission of the Respondent
The Counsel appearing on the behalf of the respondent submitted that the petitioner took his admission in the MBBS course for the Session 2009-2010, the petitioner has not been attending classes nor has he appeared in any examinations till date and, therefore, after a gap of 13 years, the petitioner cannot be permitted to resume his MBBS course in view of his earlier selection.
Reasoning and Decision of the Court
The Court considered the submission of both the parties and on consideration of the materials available on record, the Court expounded that what is noticed is that it is almost 13 years after the petitioner took his admission in the First year MBBS course for the Session 2009-2010. Permitting the petitioner to be admitted in the next semester for the Session 2023- 2024 would amount to depriving the candidates who have already been selected for the same.
Therefore, the Court dismissed the writ petition and held that the bench is unable to accept the submission of learned Senior counsel for the petitioner to permit the petitioner to be admitted to the First year MBBS course for the next/immediate semester.
Case Details
Case:- WRIT PETITION (C) NO.4471 OF 2022
Petitioner:- Mr. Sheikh Nekibuddin Ahmed
Respondent:- The Principal Secretary, Health and Family Welfare Department to the Govt. of Assam & 6 Ors
Counsel for the Petitioner - Mr. B.D. Das
Counsel for the Respondent – Mr. B.D. Das
Judge: Justice Lanusungkum Jamir
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