The Gauhati High Court
( High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, and Arunachal Pradesh )
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Judgments: WRIT PETITION(CIVIL) NO.5207, 5577,5948 etc. of 2003


THE GAUHATI HIGH COURT
(High Court of Assam,Nagaland,Meghalaya,Manipur,Tripura,Mizoram and Arunachal Pradesh)

WRIT PETITION(CIVIL) NO.5207,5577,5948,5370,5526,5636,5651,5325,5326,5332,5333,5349, 5653,5681, 5729,5730,5565,5586,5604,5482,5483,5475,5447,5781,6084,5478,5476,5477,5501,6049,6213,6238,6260, 6261,6283,6306,6344,6366,6378,6386,6387,6394,6489,6658,6657,6700,6533,6744,6678,6753,6695,6751, 6563,6525,6736,6677,6598,6747,6742,6687,6703,6707,6655,6656,6662,6761,6752,6667,6674,6735,6780, 6789,6790,6802,6816,6818,6820,6826,6828,6845,6846,6847,6853,6856,6863,6865,6866,6868,6869,6877, 5966,6146,6242,6459,6470,6474,6443,6427,6429,7065,6468,6629,6636,6642,6643,6651,6675,6676,6659, 6684,6685,6714,6725,6726,6730,6739,6740,6741,6854,6864,6804 OF 2003.

Shazia Ahmed,Rozaline Kanchan Borah,Nasir Uddin Ahmed,Monoranjan Buragohain,Himangshu Nath Boruah, Smt.Dharitri Das, Dazy Sinha,Syed Adam Mousum, Dimpy Sarma,Sarat Beplove Dehingia,Angsuman Kalita, Dhrubjyoti Talukdar, Md. Nasuiruddin Ahmed,Anup Saikia, Mehbub Hussain,Abdul Aowal,Nibedita Biswas, Sidhartha Ray Barua,Zakia Zulfia Rahman,Abdul Malik,Ranjan Yadav,Jyoti Prakash Medhi,Mridu Pawan Borah Shiddartha Sankar Gogoi,Smt. Rituparna Gogoi,Sri Abhijit Hazarika,Nishanta Rajkakati,Chinmoy Kamal Konwar Nidita Das,Kangkan Sharma,Ritu Parna Bania,Khushboo - E - Jahan,Dipamoni Saikia,Anupam Konwar,Smt. Tarali Pathak, Naznin Rashid,Biplab Roy,Bilal Ahmed Choudhury,Shri Dilowar Hussain,Abhijit Kalita,Doyel Chakrabarty, Kamal Nath,Avinash Tiwari,Kayasree Borthakur,Md. Zaffar Md. Ershad,Khushboo Agarwal,Samrat Das,Kastury Devi, Sahil Mahboob,Sakil Ahmed Choudhury,Merina Das,Manali Das Choudhury,Prasanta Talukdar,Trishna Sarma, Dhiraj Nath,Ramizuddin Ahmed,Riponjoy Kalita,Apurba Saikia,Srimanta Hazarika,Farha Sultana,Kasturi Barua, Sunita Lahkar,Dipanu Das,Gitanjan Sarma,Deepasmita Rout,Sukanya Medhi,Nilunja Deka,Raktim Phookan, Chandramika Nath,Nitasha Sharma,Asit Roy,Pranit Kr. Talukdar,Tanzoom Akhtar,Yasmin Ali,Alok Chandra Kalita, Jyotirmoy Adjhikari,Rumi Khandelia,Siddhartha Das,Darshana Deka,Monalisha Saikia,Kuldip Gogoi,Bharati Baruah, Pranjal Saikia,Master Sanjib Mushahary,Debasmita Konwar,Jai Kr. Singh,Zinnat Ara Islam,Lohita Kutum, Smt. Dwina Doley,Apurba Kumar Rai Baruah,Jimly Dowerah,Himjyoti Malakar,Dhrubajyoti Sarma,Abinash Mahanta, Kamal Goswami,Priyakshi Hazarika,Hridaydip Phukan,Arunav Dutta,Smriti Rekha Gogoi,Riju Moni Sahu, Miranda Kachari,Momi Doley,Sabita Deka,Jyotirmoy Deka,Arindom Barua,Pallabi Thakuria,Atifa Ahmed, Barnali Borah,Rajashree Das Purkayastha,Manish Kr. Jha,Nilakshi Deka,Sonia Sarmah,Debalok Chakraborty, Islam Mirazul Haque,Pallabi Choudhury,Chiranjit Bhattacharya,Lakhimi Baruah,Mustafizur Rahman,Aminur Khalique, Gyanashri Kakati,Poly Bora,Silpi Jalan,Sankar Jyoti Saikia,Yuvraj Gogoi,Himangshu Raaj Gogoi,Dipankar Dutta, Shabnam Rahman,Ananya Kalita,Kalyan Baruah,Ratan Barman,Pankaj Jyoti Barman,Deep Jyoti Sarma,Rup Jyoti Das, Mousumi Bhuyan,Miss Supreeti Saikia,Sudhangshu Ranjan Das.

Petitioners.

-VERSUS-

1. The State of Assam, Represented by the Commissioner & Secretary to the Govt. of Assam, Education Deptt., Dispur.

2. Secretary to the Govt. of Assam, Health Department, Dispur, Guwahati-6.

3. Director of Technical Education, Assam, Kahilipara, Guwahati-19.

4. Director of Medical Education, Assam, Guwahati.

5. Shri A.K.Dev Choudhury, Controller of Examinations.

Respondent.

PRESENT

HON`BLE MR. JUSTICE P.G.AGARWAL

For the petitioners:

MR. B.D.GOSWAMI, MR. A.BHATTACHARJEE, MR. G.K.BHATTACHARJEE, DR. Y.K.PHUKAN, MR. H.N.SARMA, MR. T.C.KHETRI, MR. HRA CHOUDHURY, MR. BK SARMA, MR. D.C.MAHANTA, MR. K.N.CHOUDHURY MR. S.S.DEY, MR. D.R.GOGOI, MR. AS CHOUDHURY, MR. D.CHOUDHURY, MR. DCK HAZARIKA , MR. H.K.DAS, MR. A.R.SIKDAR, MR.S.K.SAHA, MR. M.NATH MR. SC BISWAS, MR. S.P.ROY, MR. N.BORAH, MR. P.SARMA, MR. BD KONWAR, MR. RK PAUL, MR. MR BARBHUIYAN, MR. N.CHOUDHURY, MR. SR RAJBANGSHI, MR. UK NAIR, MRS. N.SAIKIA, MR. RC SANCHATI, MR. AM BUZARBARUAH, MR. R.C.SAIKIA, MR. M.SARANIA, MR. D.BORA MR. D.A. KAYUM, MR. A.DASGUPTA, MS C.BHATTACHARJEE, MR.M.K.CHOUDHURY, MR. K.K.PHUKAN, MR. D.C.BORAH, MR. P.K.BARMAN, MR. U.R.SAIKIA, MR. D.A.KAYUM, MR.J.H.SAIKIA, MR. M.SARANIA, MS. A.DAS, MR. D.P.BORAH,MRS. J.M.KONSWAR, MR. B.BURAGOHAIN MR. N.BARUA,MR. A.K.CHOUDHURY,MR. D.CHOUDHURY MR. P.J.SAIKIA,MRS. F.BEGUM, MR.J.N.SARMA,MR.N.UDDIN, MR. A.K.HOSSAIN,MR. M.Z.AHMED,MR. B.DUTTA MR.J.SINGH,MR.S.HUSSAIN, MR.S.SARMA, MR. D.BARUAH, MR. D.BARMAN,MRS.H.DEVI,MR. S.B.CHOUDHURY MR. S.BORTHAKUR, MR. J.KOCH, MR. D.ROY MR. I.CHOUDHURY, MRS. A.BARUA,MR. R.DEKA MR. D.K.SARMAH, MR. U.RAJKHOWA, MR. U.BHUYAN MR. P.R.MAHANTA,MR. T.J.MAHANTA,MR. P.BHATTACHARJEE MD. A.MATLIB, MR. D.SAHA,MR. D.P.MANDAL MR. A.SHARIFF, MR. N.ALAM,MS. R.DHAR MR. K.ISLAM,MR. J.SARMA,MR. J.CHOUDHURY MR. P.P.BAIRAGI,MD A.J.ATIA,MR. UPADHAYAYA MR. T.DAS,MR. A.ROY,MR. R.LAL, MD. M.RAHMAN MR. S.S.BAROOAH,MS. E.SHARMA, MR. L.WAPANG MS.S.BANIK,MR. S.KATAKI,MR. A.N.CHOUDHURY MD. A.,MATLIB,MR. S.C.KAYEL,MS. J.RAJKUMARI MRS. S.KALITA,MS. J.GOGOI,MS. J.CHAKRABORTY MR. H.K.BAISHYA, MR. R.DEY, MR. B.HAZARIKA, MS.,F.AHMED, MR. S.S.FARUQUE, MD. I.HUSSAIN MISS H.DEKA, MR. M.J.BARUA, MR. K.LAHKAR, , MR.A.MALEQUE, MR.F.U.BORBHUIYAN, MR.A.MATIN

Advocates.

For the respondents:

MR. P.K.MUSHAHARY, Sr. Govt. Advocate, Assam.
MR. M.Ghani, Jr. Govt. Advocate, Assam.
Advocates.

DATE OF HEARING: 11.9.2003

DATE OF JUDGMENT: 29.9.2003

J U D G M E N T AND O R D E R

This batch of Writ Petitions are disposed of by this common order as identical issues are involved.

We have heard the learned counsel for the Writ petitioners, Mr. P.Mushahary, learned Sr. Govt. Advocate and the learned counsel for the private respondent.

A Joint Admission Test, was held for admission into the Undergraduate Courses in the Engineering Colleges, Medical Colleges, Regional Dental College and Ayurvedic College of the State of Assam. There were about 510 seats in the Engineering Colleges, 312 seats in the Medical Colleges, 35 seats in the Dental College and 44 seats in the Ayurvedic College. In the Joint Admission Test - 2003, hereinafter referred to as `JAT` there were 4 (four) papers of 100 marks each, namely, Mathematics, Physics, Chemistry and Biology. Physics and Chemistry were common, whereas Mathematics was meant for Engineering and Biology for Medical candidates. The Examinations were held on 16 and 17th May, 2003. A provisional Select List was published by the respondent authorities which was put into the website and thereafter another list was published in the newspaper, Assam Tribune on 12.7.2003. The petitioners before us, had all appeared for admission into the Medical Colleges and Dental Colleges. There is no challenge in respect of admission into the Engineering College/Ayurvedic College.

The allegations contained in the above writ petitions may be broadly summed up as below:

The respondent State has filed an affidavit in opposition in W.P. (C ) No. 5207/2003 and has prayed that the said affidavit be considered as Govt`s stand in all the writ petitions. The respondents have submitted that the written examinations in JAT was held on 16th and 17th May, 2003 and thereafter the Coding of Answer scripts were carried out under the supervision of the Coding In-charge. The Coded Answer Scripts were sent for evaluation to the two Zones along with the Model answers and instructions. After the evaluation the scrutiny was done and the Scrutinizers were selected from the Professors of Gauhati University, Cotton College and B.Baruah College. Thereafter the tabulation works were carried out under the supervision of the Principal of the Engineering Colleges and after the completion of the said process, final result sheet was placed before the JAT Committee and the JAT Committee approved the result sheet which was sent for publication. As regards the Inquiry conducted by Shri S.K.Nath, it was stated that the said one man Committee found only one mistake in respectof Roll No. 7120. The respondents have denied the allegation of irregularities, malpractice or any illegalities in the matter of holding of examination or publication of the select list.

Respondent A.K.Dev Choudhury has filed a separate affidavit in opposition denying the allegations and stating that he was not involved in the selection process of JAT.

Pursuant to the interim directions, given by this Court, the respondent authorities produced the answer scripts and the candidates were allowed to go through their answer scripts to find out whether they are the authors of the said answer scripts or not, whether the additional sheets written by them are available with the answer scripts and whether there are mistakes in addition or totaling of the marks. The respondent authorities have submitted that in case any mistake in addition or the totaling is detected, the respondents have no objection for upgrading the marks and if by such upgrading, any candidate comes within the zone of successful candidate for admission, necessary direction may be passed by this Court. It may be mentioned here that vide an interim order dated 7.8.2003 this Court had provided that the State Govt. may proceed with the admission of the selected candidates, which shall however be subject to the final decision of this Court. The respondent authorities were also directed to keep the following seats vacant to accommodate any petitioners, if directed by this Court:

Medical ........ 7 seats

Engineering ........ 2 seats

Dental ........ 2 seats.

The petitioners have prayed that -

Besides allowing the petitioners to examine and verify their answer scripts, this Court selected the name of about 20 successful candidates at random and directed the respondent authorities to produce their answer scripts to find out whether some undeserving candidates have been favoured at the cost of the desirable candidates or whether there was any anomaly in allotting marks to the successful candidates. The answer scripts were produced and verified by this Court with the help of the Model answers provided by the respondents. The answer scripts of Sri Chandra Sekhar Dev Choudhury, the son of Shri A.K.Dev Choudhury was also directed to the produced.

On verification of the answer scripts this Court did not find any mistake in the matter of evaluation or totaling of marks and these answer scripts were subjected to scrutiny at two levels and marks were added or deducted as required or as has been done in other cases.

After scrutiny of the Answer Script some of the petitioners have filed additional affidavits specifically stating the alleged anomalies found by them on scrutiny of the papers. We propose to consider the general allegations first and thereafter revert to individual/specific cases as and when required:

Thus we find that the result of the High School Leaving Examination or Higher Secondary Leaving Examination (Science Examination) is not at all relevant or material for the purpose of admission in the medical Colleges except as provided in sub-rule (d), as quoted above. Further, there cannot be any presumption under the law that the candidates who had fared well in the qualifying examinations must be deemed to have fared well and secured higher marks in the JAT and the candidates who could not get better marks in the qualifying examination cannot get selected in the JAT, 2003. In view of the provisions of the Rule, we hold that the admission in the Medical Colleges/Dental College shall have to be on the basis of the marks secured in JAT, 2003.