Sheikh Nekibuddin Ahmed vs The Principal Secretary And 6 Ors
2023 Latest Caselaw 4127 Gua

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GAHC010154222023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WA/270/2023

         SHEIKH NEKIBUDDIN AHMED
         S/O SHEIKH SULEMAN ALI AHMED, R/O VILL- RAJNAGAR, WARD NO. 11,
         NALBARI TOWN, P.O. AND DIST-NALBARI (ASSAM)

         VERSUS

         THE PRINCIPAL SECRETARY AND 6 ORS.
         HEALTH AND WELFARE DEPARTMENT TO THE GOVERNMENT OF ASSAM,
         DISPUR, GUWAHATI-781006.

         2:THE DIRECTOR OF MEDICAL EDUCATION
         ASSAM
          KHANAPARA
          GUWAHATI-22

         3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
          GUWAHATI MEDICAL COLLEGE AND HOSPITAL
          BHANGAGARH
          GUWAHATI-781032

         4:THE ACADEMIC REGISTRAR
          GAUHATI UNIVERSITY
          JALUKBARI
          GUWAHATI-781014

         5:SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES
          REP. BY ACADEMIC REGISTRAR
          2ND FLOOR
          GAUHATI MEDICAL COLLEGE BUILDING
          GAUHATI MEDICAL COLLEGE HILL-TOP ROAD
          NARKASHUR HILLTOP
          BHANGAGARH
          GHY
         ASSAM-781032.
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            6:THE ACADEMIC REGISTRAR
             SRIMANTA SANKARVEVA UNIVERSITY OF HEALTH SCIENCES
             2ND FLOOR
             GAUHATI MEDICAL COLLEGE BUILDING
             GAUHATI MEDICAL COLLEGE HILL-TOP ROAD
             NARKASHUR HILLTOP
             BHANGAGARH
             GHY
            ASSAM 781032.

            7:NATIONAL MEDICAL COMMISSION
             REP. BY ITS CHAIRMAN POCKET 14
             SECTOR 8
             DWARKA PHASE-1
             NEW DELHI-110077
             UNDERGRADUATE MEDICAL EDUCATION BOARD NATIONAL MEDICAL
            COMMISSION
             POCKET 14
             SECTOR 8
             DWARKA PHASE-1
             NEW DELHI- 110077

Advocate for the Petitioner   : MRS R DEKA

Advocate for the Respondent : SC, HEALTH




                                           BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
               HON'BLE MR. JUSTICE BUDI HABUNG

                                            ORDER

05-10-2023

Heard Mr. B. D. Das, learned Senior Counsel, assisted by Ms. R. Deka, learned counsel for the appellant. Also heard Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department as well as Standing Counsel, Srimanta Sankardev University of Health Sciences, Assam for the respondent Nos. 1 to 6 as well as Mr. D. K. Baidya, learned Standing Counsel, National Medical Council for the respondent No.7.

In the impugned judgment, the learned Single Judge has observed that under the Graduate Medical Education Regulations, 1997 as amended, for a learner, who had joined MBBS Course Page No.# 3/4

prior to the year 2019-2020 Academic Session, there is no bar in completing MBBS Course, but on the other hand, for students who had enrolled after 2019-2020 Academic Session in MBBS, there is a cap for 10 years for completing the said Course.

The appellant/writ petitioner herein took admission for his MBBS Course in the year 2009.

But while he was undergoing the MBBS 1 st year Course, he met with an accident and sustained injuries and have to leave the Course for about three years. During that period, he was undergoing treatment because of the extensive injuries in his spinal cord.

Though he claimed that he was allowed to re-join his Course in the year 2012, the appellant thereafter allegedly suffered from psychometic disorder from the year 2012 to 2017 during which he could not pursue his MBBS Course.

Later, when he regained his health, he approached the Gauhati Medical College and Hospital authority to allow him to rejoin his MBBS Course in the year 2017, his prayer was rejected by the authorities concerned, to which the petitioner being aggrieved, preferred a writ petition being WP(C) No. 4471/2022 that was rejected on 20.06.2023 on the ground that in the

year 2023-2024, the petitioner cannot be allowed/permitted to be admitted to the 1 st year MBBS Course for the next/immediate Semester, as the said process will eat up a seat of a candidate for MBBS Course, who is selected after going through the NEET.

During the deliberation of the matter, on being enquired Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department as well as Standing Counsel, Srimanta Sankardev University of Health Sciences, Assam apprised the Court that within the cutoff date of 30.09.2023

a seat of MBBS 1st year, reserved for ST(P) could not be filled up, as the matter was pending before the Court and the order came at the last moment, wherein, the admission time was already over.

Mr. Gogoi further apprised the Court that the Director of Medical Education, Assam has communicated to the Ministry of Health and Family Welfare, Government of India for extension of

time to fill up the said seat of MBBS 1st year, reserved for ST(P) which is still awaited.

On the next date fixed, the respondent National Medical Council shall apprise the Court as to whether, there was any time limit for the MBBS Course to a student pursuing MBBS, who took admission for the said Course in the year 2009.

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Further, if the said seat of MBBS Course reserved for ST(P) remains vacant during the year 2023-2024, whether petitioner's case can be considered in that vacant seat, as he had taken admission in the year 2009.

List this matter on 12.10.2023.

Copy of this order be furnished to Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department as well as Standing Counsel, Srimanta Sankardev University of Health Sciences, Assam as well as to Mr. D. K. Baidya, learned Standing Counsel, National Medical Council for their necessary use.

                                   JUDGE                                      JUDGE




Comparing Assistant