Page No.# 1/5 GAHC040001152025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/33/2025 Ramchandra Jandu Son of Taja Ram, permanent resident of Village Teetari, PO Jodhiyasi, PS Shree Balaji, Nagaur District, Rajasthan 341001 and temporary resident of Tomo Riba Institute of Health and Medical Science, Hostel Room No.C-5, PS Naharlagun, Papum Pare District, Arunachal Pradesh 791110 VERSUS The State of AP and 6 Ors represented by its Secretary, Health and Family Welfare, Directorate of Medical Educations, Naharlagun, Papum Pare District, Arunachal Pradesh 791110 2:Rajiv Gandhi University Age: 0 Occupation : A Central University Rono Hills Doimukh Itanagar Arunachal Pradesh 791110 3:Tomo Riba Institute of Health and Medical Science Age: 0 Occupation : Naharlagun Papum Pare District Arunachal Pradesh 791110 4:The Director Age: 0 Occupation : Tomo Riba Institute of Health and Medical Science Naharlagun Page No.# 2/5 Papum Pare District Arunachal Pradesh 791110 5:The Dean and Principal Age: 0 Occupation : Tomo Riba Institute of Health and Medical Science Naharlagun Papum Pare District Arunachal Pradesh 791110 6:The Finance and Account Officer Age: 0 Occupation : Account Section Tomo Riba Institute of Health and Medical Science Naharlagun Papum Pare District Arunachal Pradesh 791110 7:National Medical Commission Age: 0 Occupation : represented by its Director under Graduate Medical Education board Pocket 14 Sector 8 Dwarka Phase 1 New Delhi 11007 Advocate for the Petitioner : 2 B Goyal, J Das Advocate for the Respondent : Taba Tagum, S/C RGU,Regum Nabam,SC(Health) Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 28.01.2025 Heard Ms. B. S. Goyal, learned counsel for the petitioner, who appears through video conference mode. Also heard Mr. T. Tagum, learned Standing Counsel, Health Department for the respondent no. 1, 3, 4, 5 & 6; and Mr. R. Nabam, learned Standing Counsel, Rajiv Gandhi University for the respondent no. 2. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, who is a student of 1st Phase of MBBS Course of 2023-2027 stream, has alleged discrimination and prays for a direction upon the respondent authorities to hold Supplementary Examination for Phase-I MBBS University Examination and to allow the petitioner to sit in the said examination for the subject of Physiology before the closing of the last date of admission for Phase-II for the MBBS Course of the year 2023-2027. 3. 3. Pursuant to order dated 24.01.2025, the learned Standing Counsel for the respondent no. 2 has produced the original record relating to MBBS Examination. 4. By referring to the documents contained in the said file, it is submitted that a particular student, who is projected to have been allowed to sit in the Phase-I Supplementary Examination was a victim of ragging, which led to initiation of a proceedings against the perpetuators and after due official deliberation, the proposal was approved to allow the said student to sit in the MBBS Phase-I Supplementary Examination. The said action was taken after the approval of the concerned authorities, including the Vice Chancellor of the university. Page No.# 4/5 5. The learned counsel for the petitioner has also projected that another candidate, who did not clear the paper of Anatomy in the internal assessment was held to be ineligible, was also permitted to sit in the Supplementary Examination. In that regard, the learned Standing Counsel for the respondent no. 1 has produced a letter relating to corrigendum in the award of Pre-University marks for the said candidate and she was assessed to have secured higher marks in the internal assessment in respect of the theory and practical examination, being 50 and 54, with higher aggregate of 52%. 6. Although, the learned counsel for the petitioner has submitted that the Court has wide powers to permit the petitioner to sit in the Supplementary Examination, Phase-I of MBBS, however, after deliberation, the learned counsel for the petitioner submits that the petitioner may be permitted to submit a representation before the Controller of Examination of Rajiv Gandhi University to take a decision as to whether the said University will permit the petitioner to appear in the Supplementary Examination of MBBS Phase-I of the year 2023-2027. 7. Upon the said submission, the learned Standing Counsel for the respondents have no objection. 8. Accordingly, without examining the matter on merit and without dealing with the contentions of the learned counsel for the petitioner, the Court is inclined to dispose of this writ petition at the motion stage by permitting the petitioner, namely, Shri Ramchandra Jandu, having University Roll No. 24MBBS038, to submit a representation before the Controller of Examination, Rajiv Gandhi University, to consider to allow the petitioner to sit in the Supplementary Examination of MBBS Phase-I for 2023-2027 stream at the following email address i.e., coe@rgu.ac.in, Page No.# 5/5 alternate email address i.e., rgu.ac.in of the said authorities within a period of 3(three) days from today along with a scanned copy of the certified copy of this order. 9. If such representation is submitted, the Controller of Examination of Rajiv Gandhi University shall take an appropriate decision within a period of 7(seven) days thereafter, and the result thereof, be communicated to the petitioner in his email address to be provided by the petitioner. 10. With the above observation, this writ petition stands closed at the motion stage without issuance of notice on the respondents. 11. The records produced are returned. JUDGE Comparing Assistant