SHILLONG, SEPT 23: In a big sigh of relief for Meghalaya, the Supreme Court has passed an interim order directing the Assam government to allocate the 10 medical seats to the students of the state.
In its order passed on Friday, the Court said,“Keeping in view the interest of the state of Meghalaya, it is directed that ten seats out of twenty-seven seats shall be allocated to it.”
It stated that the state of Assam is allocated seventeen seats out of the twenty-seven seats.
The special leave petition was filed by the Meghalaya government on September 4, seeking the intervention of the Apex Court into the Assam government’s decision to abolish the 10 medical seats reserved for the state. The petition was admitted on September 5.
However, the Court also directed both the states of Assam and Meghalaya to conduct counselling in an objective and appropriate manner so that the merit should be the exclusive criterion from amongst the NEET qualified candidates.
“Any candidate who is not qualified in NEET, shall not be entitled for consideration,” it said adding “If the petitioners and the intervenor qualify in accordance with the merit list drawn up by the competent authority, they shall be called for counselling and seats shall be accordingly filled up.”
The order also maintained that barring 27 seats, no counselling shall take place in respect to any other seats while directing that the counselling shall be completed within ten days from September 22.
The Court also made it clear that the order is purely on interim arrangement and the controversy that has been raised in the special leave petition and the original suit shall be decided on their own merits.
The next hearing on the matter is scheduled to be held in the second week of January, next year.
Earlier, the court said that the question that emerges for consideration in this special leave petition pertain to the issue whether the students who belong to the state of Assam, but have prosecuted their studies in respect to classes XI and XII outside the state, should held ineligible in virtue of Rule 3 of the Medical Colleges of Assam and Regional Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS Courses) Rules, 2017.
When the matter was listed before the Apex Court on August 28, the following interim order was passed that – “It is directed 27 seats shall not be filled up. Be it clarified, this order shall not be extended to any other candidate except the petitioners of SPLs….”
Thereafter, the matter was adjourned on certain occasions as the state of Assam prayed for some time to file counter affidavit.
During the hearing held yesterday, counsel for the petitioner said that the circumstances require an interim arrangement in respect of the seats, otherwise the likes of the petitioner shall be deprived because of the Rule which is prima facie unsustainable.
Maninder Singh, Additional Solicitor General appearing for the state of Assam, per contra, would contend that when the Rules have been held valid by the High Court, this Court should allow the Rules to have its play and not pass any interim order.
However, the Court said that it is necessary to state that the Original Suit No.8 of 2017 has been filed by the state of Meghalaya against the state of Assam for declaring the Rules to the extent allocating nil seats for North-East seats.
The Meghalaya government has also challenged the communication by the Director, Medical Education, Assam onJuly 3, instructing the principals of four medical colleges in Assam not to admit any students from NEC quota under Central pool as the same being abolished, as invalid.
In the course of hearing, the Court was also apprised that the state of Meghalaya has been allocated ten seats since 1976 and the same was being done in pursuance of the agreement between the two states and it was in vogue till last year.
Assam has been reserving 10 medical seats for Meghalaya — four each in Assam Medical College and Hospital and Gauhati Medical College and Hospital and two in Silchar Medical College.
Meghalaya claimed that according to paragraph 6 of the minutes of the meeting of the joint committee held on March 15, 1976 on division of assets and liabilities between the two governments, it was agreed that Assam would provide Meghalaya all facilities available in “common institutions (including medical colleges)” located in Assam, provided the expenditure was shared on pro-rata basis.
By Our Reporter
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