Ningthoujam Omita Devi v. Regional Institute of Medical Sciences
2012-02-17
T.NANDAKUMAR SINGH
body2012
DigiLaw.ai
JUDGMENT Hon'ble Mr. Justice T. NK Singh 1. Heard Mr. A. Bimol, learned counsel appearing for the petitioner, Mr. Y. Nirmolchand, learned Standing Counsel appearing for the respondent Nos.-1, 2 and 4 and Mr. S. Nepolean, learned Government Advocate appearing for the respondent No.3. 2. Issue Rule calling upon the respondents to show cause as to why a Writ as prayed for should not be issued; or why such further or other orders should not be passed as to this Court may seem fit and proper. The Rule is made returnable by 16.3.2012. No formal notice need be issued as the respondents have entered appearance through their respective counsel. 3. There is prayer for interim order; in support of that Mr. Bimol, learned counsel for the petitioner contends that Regional Institute of Medical Sciences (for short RIMS), Lamphel issued an Admission Notice dated 6.12.2011 inviting applications in the prescribed form for admission to the Post Graduate Course against the open category for the academic sessions-2012 and for the State of Manipur 2(two) Post Graduate Seats, i.e. MD (Medicines) and MS (Surgery) are allotted. Against the said allotted two seats of Post Graduate Course for the State of Manipur, the petitioner, who is now working as Medical Officer, a Member of the Health Services, applied through the Director of Health Services, Govt. of Manipur on 12.1.2012. 4. Under the Rules and regulations for the Post Graduate Course (MD/MS/Diploma) entrance examination for the sessions-2012 duly filled up application forms in his/her own hand writing should reach the office of the Director, RIMS, Imphal on or before 31.1.2012 and also in the case of in- service candidates applications should be routed through his/her employer irrespective of sponsored or open category. Under the said regulations, it is clear that for the in-service candidate application should be routed through her employer and it should reach the office of the Director, RIMS on or before 31.1.2012. 5. But, it is stated in the writ petition supported by the letter of the Director of Health Services, Manipur dated 13.2.2012 that the petitioner had filed her application through the Director of Health Services, Manipur as early as on 12.1.2012, i.e. long days before the last date of submission of the application forms. But through some technical errors, her application was not processed by the Directorate of Health Services, Govt.
But through some technical errors, her application was not processed by the Directorate of Health Services, Govt. of Manipur so as to reach the same to the office of the Director, RIMS on or before 31.1.2012. But, because of certain technical error occurred in the Directorate of Health Services, Manipur, the application of the petitioner could not reach the office of the Director, RIMS on or before 31.1.2012. 6. As her application could not reach the office of the Director RIMS on or before 31.1.2012, the Director of Health Services, under his letter dated 13.2.2012, requested the Director, RIMS to consider the case of the petitioner. Similarly, Govt. of Manipur under the letter of the Under Secretary (Health) dated 14.2.2012 requested the Director, RIMS to allow the petitioner to appear in the P.G. Entrance Examination, 2012 against the open category seats in the RIMS. 7. Mr. Y. Nirmolchand, learned Standing Counsel for the RIMS with great force contends that it is not the fault of the Director RIMS for the delay in sponsoring the petitioner for one of the seats in Post Graduate Course allotted for the State of Manipur. Mr. Nirmolchand, further, contends that it is because of the fault of the Directorate of Health Services, Govt. of Manipur, the said application form of the petitioner could not reach the office of the Director RIMS on or before 31.1.2012. 8. From the records, it appears that the delay in sponsoring the application form of the petitioner for one of the seats for the Post Graduate Course of the petitioner was because of the technical error occurred in the Directorate of Health Services, Manipur. It is fairly well settled that because of the delay and lapses on the part of the administrative authority, the concerned employee or the candidate should not suffer. In the present case, because of certain lapses/technical error occurred in the Directorate of Health Services, Manipur, the petitioner should not be victimized. 9. In such circumstances, taking into consideration of the forceful submission of Mr. Nirmolchand, learned Standing Counsel for the RIMS, Mr. A.Bimol, learned counsel for the petitioner and also for doing substantial justice, this Court is of the view that an interim is called for.
9. In such circumstances, taking into consideration of the forceful submission of Mr. Nirmolchand, learned Standing Counsel for the RIMS, Mr. A.Bimol, learned counsel for the petitioner and also for doing substantial justice, this Court is of the view that an interim is called for. In the interim, it is provided that the respondent Nos- 1 and 2 should allow the petitioner to appear in the Entrance Examination for admission to one of the seats in Post Graduate Course in the RIMS in open category allotted for the State of Manipur for the academic sessions-2012 which is scheduled to be held on 19.2.2012. 10. The learned counsel appearing for the parties are of the view that this interim order is as good as finally disposing of the present writ petition. In such circumstances, this writ petition is disposed of in the light of the above interim order. 11. Registry is directed to furnish copy of this order to the learned counsel appearing for the parties in the course of the day.