Manipur High Court
Dr. Mekhulshim Tontanga Maring vs Union Of India Represented By Its ... on 28 February, 2025
KHOIROM Digitally signed by
KHOIROM
BIPINCHAND BIPINCHANDRA SINGH
Date: 2025.02.28
RA SINGH 14:08:39 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MISC. APPLICATION [W.P.(C)] No. 136 of 2024
REF : W.P.(C) No. 740 of 230
Dr. Mekhulshim Tontanga Maring, Senior Casualty
Medical Officer (Sr. CMO), Accident and Trauma
Centre (ATC), JN Institute of Medical Sciences
(JNIMS), aged about 36 years S/o T. Leinai Maring,
Khunbi Village, P.O. Pallel P.S. Machi Tengnoupal
District, Manipur - 795131.
.... Applicant
- Versus -
1. Union of India represented by its Secretary,
Ministry of Health and Family Welfare, Government
of Delhi, New Delhi - 110001.
2. State of Manipur represented by
Commissioner/Secretary Health & Family Welfare,
Old Building Secretariat Babupara, Imphal Manipur
- 795001.
3. Jawahar Lal Nehru Institute of Medical Sciences
represented by the Director, JN Institute of Medical
Sciences (JNIMS), Porompat, Imphal East, Manipur
- 795005.
4. National Board of Examination in Medical Sciences
represented by its Secretary, Mahatma Gandhi
Marg (Ring Road), Ansari Nagar, New Delhi -
110029.
5. Dr. Pukhrambam Kiran Singh, Senior Resident (SR)
Surgery Department JN Institute of Medical
Sciences (JNIMS), C/0 Director, JN Institute of
Medical Sciences (JNIMS), Porompat, Imphal East,
Manipur - 795005.
MC[W.P.(C)] No. 136 of 2024 Page 1
.... Respondents
BEFORE
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
For the applicant : Mr. Serto T. Kom, Advocate
For the respondents : Mr. Nongdamba, Advocate
Mr. Dimalkumar Haobam, Advocate
Mr. H. Ishwarlal, Sr. Advocate
Date of hearing : 29.11.2024
Date of judgment &
order : 28.02.2025
JUDGEMENT & ORDER
(CAV)
[1] Heard Mr. Serto T. Kom, learned counsel appearing for the
applicant, Mr. Nongdamba, learned counsel appearing for the Union of
India, Mr. Dimalkumar Haobam, learned counsel appearing for the State
and Mr. H. Ishwarlal, learned senior counsel appearing for the respondent
No. 5.
[2] The present application has been filed with the following
prayer:
(a) Direct the respondents No. 1, 2 and 3 of the writ petition,
to consider for adjustment of the admission of the applicant/writ
petitioner namely Dr. Mekhulshim Tontanga Maring and the
respondent No. 5 namely, Dr. Pukhrambam Kiran Singh in the 2
(two) available seats of PG Medical (Surgery) at JNIMS i.e.:
(i) To the PG Medical (Surgery) Seat of JNIMS
sponsored quota where both of them are already admitted
and also to the
(ii) PG seat (All India Quota) vacated by Dr. Sagnik Roy
Chowdhury, 1st year PG student in General Surgery Dept.
JNIMS on 25th November, 2023 which remains unfilled and
which cannot be filled up through fresh counseling.
MC[W.P.(C)] No. 136 of 2024 Page 2
(b) To pass any appropriate order or orders as deem fit by this
Hon'ble High Court.
[3] Brief fact of the case is that the connected main petition was
filed on the following grounds:
(i) Cancellation of the admission of the petitioner through
the impugned order dated 18.01.2023 and the admission of
the respondent No. 5 to PG (Surgery) of JNIMS sponsored
quota through impugned order 19.10.2023 are illegal and
arbitrary because of the reasons herein below:
(a) The writ petitioner scored higher marks i.e. 308
and the respondent No. 5 scored less marks i.e. 127
marks.
(b) The petitioner already got admitted in the PG
Medical Seat (Surgery) of JNIMS sponsored quota and
also deposited a sum of Rs. 1,00,000/- (Rupees one
lakh) as admission fee.
(c) The petitioner after admission started
attending class. The petitioner is an employee of
JNIMS serving as a Senior Casualty Medical Officer
who was promoted vide order dated 06.03.2021 from
Casualty Medical Officer. Being a Senior Casualty
Officer, he was allowed to compete for the PG seats
for JNIMS Institute quota in the examination of NEET-
PG, 2023 conducted by National Board of Examination
in Medical Sciences vide notification dated 21.10.2022
MC[W.P.(C)] No. 136 of 2024 Page 3
of JNIMS. The petitioner was allotted the PG Seat
(Surgery) of the JNIMS sponsored quota through the
2nd Round of PG Counselling and was admitted for the
academic session 2023 - 2024. The respondent No. 5
did not participate the 2nd Round due to lack of marks
to be eligible for the 2nd Round of PG Counselling for
JNIMS sponsored quota.
(ii) The portion of Para No. 3 of the notification dated
21.10.2022 is unreasonable and illegal, the same is
reproduced herein below:
"(iii) ......................... If eligible candidates are available
from the regular Senior Resident/Tutor/Demonstrator/Lady
Medical Officer in the concerned subject after lowering the
NEET-OG cut off percentile in the subsequent round, the
Sr. Casualty Medical Officer/Casualty Medical Officers who
has been allotted P.G. Seat must surrender the seat."
(iii) This Hon'ble High Court, upon hearing the parties
except respondent No. 5, passed an interim order dated
21.10.2023 thereby staying the operation of the impugned
order dated 18.10.2023 as far as the petitioner is concerned
and the same has been extended from time to time.
Operative portion of the interim order is extracted herein
below:
"Considering the submissions at the Bar, this Court
passes an interim order staying operation of the impugned
order dated 18.10.2023 as far as petitioner is concerned till
the next date.
However, it is made clear that interim order will not
affect the operation of the impugned order dated
MC[W.P.(C)] No. 136 of 2024 Page 4
18.10.2023. With respect to the private respondent, JNIMS
authorities are at liberty to consider his case as per Rules.
List on 20.11.2023 along with W.P.(C) No. 736 of
2023.
Furnish a copy of this order to learned counsel for
the parties in the course of the day."
[4] Dr. SagniK Roy Chowdhury, first year PG student JNIMS,
Imphal, Manipur in General Surgery PG Department (for the academic
session 2023-2024) vacated his seat i.e. PG Seat (Surgery) All India Quota
at JNIMS by tendering his resignation letter dated 25.11.2023 on the
ground of his mental depression and family problem. The resignation of
the said Dr. Sagnik Roy Chowdhury was accepted by imposing a penalty
of Rs. 3,00,000/- (Rupees three lakh) vide resolution No. 3 of the meeting
of the JNIMS with Director held on 01.12.2023 and the same is extracted
herein below:
"3. Dr. Sagnik Roy Chowdhury, 1st Year P.G. student in General
Surgery Deptt. has submitted his resignation letter from P.G. sent
(AIQ) on 25th Nov. 2023 on the ground of his mental depression
and family problem. As per JNIMS Rules and wasting of the P.G.
Seat, he shall pay a sum of Rs. 3,00,000/- (Rupees Three Lakhs)
only as penalty."
[5] The learned counsel appearing for the applicant submits that
the respondent No. 3 in his application filed for vacation of interim order
registered as MC[W.P.(C)] No. 427 of 2023 disclosed one of the difficulties
faced by JNIMS is that, one seat cannot be occupied by 2 (two) candidates.
[6] The learned counsel appearing for the applicant further
submits that in view the above facts that both the applicant and the
respondent No. 5 have already been admitted in the PG Seat (Surgery) on
payment of Rs. 1,00,000/- (Rupees one lakh) as fee each for the academic
MC[W.P.(C)] No. 136 of 2024 Page 5
session 2023-2024 and also they have been allotted a Guide. Both the
applicant and respondent No. 5 deserve to be retained to complete the
course in the interest of public to avoid hardship to them as well as to
avoid wastage of the aforementioned PG Seat (Surgery) of All India Quota
in view of the fact that the All India Quota was already closed and result
was declared on 24.11.2023 by the Medical Counselling Committee and
therefore, the said seat would remain wasted if not occupied. Hence, the
present application has been filed.
[7] Mr. Dimalkumar Haobam, learned counsel appearing for the
State submits that the present application may be disposed of by directing
only the Union of India not both the State and JNIMS.
[8] Mr. H. Ishwarlal, learned senior counsel appearing for the
respondent No. 5 submits that the PG Seat (Surgery) of All India Quota
vacated by Dr. Sagnik Roy Chowdhury, 1st Year PG Student in General
Surgery Department, JNIMS may be adjusted and the instant application
may be disposed of.
[9] In the facts and circumstances and as admitted by the
learned counsel appearing for the parties as stated above and on the basis
of the agreement made by the learned counsel appearing for the parties
before this Court, and also to the fact that the applicant as well as the
respondent No. 5 have already completed the process of admission to the
PG Seat (Surgery) on payment of Rs. 1,00,000/- (Rupees one lakh) each
and the respondent allowed a guide to both of them, the applicant and
respondent No. 5 deserve to be retained to complete the course in the
MC[W.P.(C)] No. 136 of 2024 Page 6
interest of public to avoid hardship to the applicant as well as the
respondent No. 5 and to avoid the wastage of seat vacated by Dr. SagniK
Roy Chowdhury, 1st Year PG Student in General Surgery Department,
JNIMS on 25th November, 2023 which remains unfilled and which cannot
be filled up through fresh counselling, the respondent No. 1 is directed to
consider for adjustment of the admission of the applicant/petitioner Dr.
Mekhulshim Tontanga Maring to the seat vacated by Dr. SagniK Roy
Chowdhury, 1st Year PG Student in General Surgery Department, JNIMS on
25th November, 2023.
[10] With the above direction, the present application stands
disposed of.
JUDGE
FR/NFR
Bipin
MC[W.P.(C)] No. 136 of 2024 Page 7
