Disposed

Dr. Shabnam Rahman v. the State of Assam and 3 Ors.

Gauhati HC9 Nov 2022WP(C)/7112/2022

Case brief

AI extract

What is this about?

This writ petition concerns a dispute over PG admission selection under the State Health Service Quota. The court disposed of the main petition by directing the Chairman of the Selection Board to dispose of the petitioner's pending appeal with a speaking order after a hearing.

What did the court decide?

The Chairman of the Selection Board directed to dispose of the petitioner's appeal by a speaking order after hearing both parties on or before 30.11.2022.

Dr. Shabnam Rahman Vs the State of Assam and 3 Ors. — Education and Admissions | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010226322022

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

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Case No. : WP(C)/7112/2022

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DR. SHABNAM RAHMAN W/O- DR. MOHSINUR RAHMAN, DEPARTMENT OF SURGERY, HAMM HOSPITAL, HOJAI, DIST. HOJAI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE CHAIRMAN

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SELECTION BOARD O/O- THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI-22. 3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI-22. 4:DR. SUMAN PAUL THROUGH THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI-22

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Advocate for the Petitioner : MR. R ALI

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Advocate for the Respondent : SC, HEALTH

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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09-11-2022

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Heard Mr. R. Ali, learned counsel for the petitioner and Mr. B. Gogoi, learned Standing counsel, Health and Family Welfare Department for the respondent Nos. 1 to 3.

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Petitioner passed her MBBS course from I. Horbachevsky Ternopil State Medical University of Ukraine in the year 2010 and registered her name under the Medical Council of India as well as under the Assam Council of Medical Registration on 08.09.2015.

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In pursuance of the order of the State Government in the Health and Family Welfare Department dated 09.02.2017, the petitioner is presently serving as the Medical and Health Officer-I (in the rank of GDMO/Causality Officer/Lady Medical Officer) in the State Dispensary at Hojai.

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It is submitted by the petitioner that for her post Graduate Degree and Diploma, she applied and appeared in the National Eligibility cum Entrance Test (NEET) PG, 2022, held on 21.05.2022, of which result was declared on 01.06.2022, in which her name appeared at NEET-PG All India Rank at Serial No. 127165 scoring 217 marks out of 800.

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It is also submitted by the petitioner that though the authorities in the Directorate of Medical Education, Assam called her for Counseling for the MD Course for her selection to the admission in PG Course, 2022 under the State Health Service Quota in which she appeared on 01.11.2022, in her such appearance, she was informed that she has been selected for the MD Course to pursue PG in Pathology in the Fakaruddin Ali Ahmed Medical College and Hospital at Barpeta. Accordingly, though she went there, but in the Admission Notice under No. DME/PG/203/2022/21157 dated 01.11.2022 issued by the Director of Medical Education, Assam, she did not find her name on it rather she found the name of the respondent No. 4, Dr. Suman Paul who was found to be selected for the MD Course to pursue PG in Pathology in the FAAMCH at Barpeta though he scored 191 marks, much lesser than the petitioner in the said NEET PG, 2022.

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It is stated by the petitioner that as she is already in service under the State Government in the Health and Family Welfare Department, therefore, she applied for “No Objection Certificate” before

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the Director of Health Services to pursue PG degree/diploma and fellowship program at Srimanta Sankardev University of Health Science and the Director of Health Services, Assam on 05.04.2022 duly forwarded her said application along with others to the State Government in the Health and Family Welfare Department and that the required “No Objection Certificate” was provided to her by the State Government in the Health and Family Welfare Department only on 02.11.2022.

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As she has been deprived from her admission in PG Degree course (MD in Pathology) wherein the respondent No. 4 has been admitted, the petitioner preferred an appeal before the Chairman of Selection Board, Office of the Director of Medical Education, Assam on 03.11.2022 which is still pending for consideration.

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Being aggrieved with the same, the petitioner has preferred this writ petition.

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Mr. Ali, learned counsel for the petitioner placing a copy of the Gazette Notification dated 10.12.2021 pertaining to the Assam Medical Colleges (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules, 2021 submits that Rule 21 of said 2021 Rules provides for ‘Appeal’ which reads as follows:-

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“Candidate aggrieved by the decision of the Selection Board have the right to appeal to the Chairperson, Selection Board, before last/Mop-up counseling. Such appeals are to be addressed to:

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The Chairperson, Selection Board

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Office of the Director of Medical Education, Assam,

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Six-mile, Khanapara, Guwahati-781022

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Further, said Rule 21 of the 2021 Rules, provides that “the Chairperson, Selection Board shall dispose of all appeals by way of a speaking order before the last date of admission for that particular session as fixed by Government of India.”

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Mr. Gogoi, learned Standing counsel, Health and Family Welfare Department, on instructions, submits that the admission to the PG Course under the State Health Services quota for the post of Pathology has already been filled up.

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It is seen that Rule 8(iii) of said 2021 Rules pertains to “the State Health Service Quota” and as provided in it “No Objection Certificate” from the State Government is mandatory at the time of filing of an application.

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It is also seen that the petitioner submitted her application seeking ‘NOC’ from the State Government in the Health and Family Welfare Department to pursue the PG/Diploma and fellowship

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programme at SSUHS before the Director of Health Services, Assam pursuant to which the Director of Health Services, Assam on 05.04.2022 forwarded her said application to the State Government in the Health and Family Welfare Department for necessary “No Objection Certificate” (Annexure-2 to this petition) and it was given to her by the State Government in the Health and Family Welfare Department only on 02.11.2022 vide notification No. Ecf No. 242540/8.

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Further, Rule 24 of the said 2021 Rules, relates to “Power to relax” which provides as follows:-

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“Where the Government is of the opinion that it is necessary or expedient to do so , it may by order, not inconsistent with the provisions of these rules and for reasons to be recorded in writing, relax any of the provisions of these rules.”

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Considering the entire aspect of the matter and after hearing the learned counsels for the parties, the Chairman of Selection Board, Office of the Director of Medical Education, Assam is directed to dispose of the appeal of the petitioner submitted on 03.11.2022 at the earliest on or before 30.11.2022 by way of a speaking order after giving a hearing to both to the petitioner as well as the respondent No. 4 Dr. Suman Paul, communicating the outcome of the same to them.

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For that purpose, the petitioner shall submit a certified copy of this order along with a copy of her said appeal dated 03.11.2022 including a copy of this writ petition and the annexures appended thereto before the Chairman of Selection Board, Office of the Director of Medical Education, Assam on or before 18.11.2022 obtaining necessary acknowledgement from the said authority in that regard.

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Further, the petitioner shall also submit a representation before the State Government in the Health and Family Welfare Department stating her grievances along with a certified copy of this order and copy of this writ petition including the Annexures appended thereto on or before 18.11.2022 obtaining necessary acknowledgment from the Commissioner and Secretary to the Government of Assam in the Health and Family Welfare Department in that regard.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Dr. Shabnam Rahman v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Dr. Shabnam Rahman v. the State of Assam and 3 Ors.

Case brief

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