Gauhati High Court Upholds State Health Quota PG Medical Admissions, Citing Service Rule Compliance and Non-Joinder

Guwahati: The Gauhati High Court has dismissed a writ petition challenging the selection and admission of two doctors to Post Graduate medical courses under the State Health Quota for the 2024 session. The court, presided over by Justice RobinPhukan J , found that the selected candidates largely met the continuous service requirement under the new rules and, crucially, that the petition suffered from non-joinder of necessary parties.

The case, WP(C)/186/2025 , was filed by Dr. Samarjit Chakraborty and Dr. Hrishikesh Baruah, who are serving doctors in the State Health Services. They challenged the admission of Dr. Shahbaz Hussain and Dr. Dilara Hasin Mazumder to MD General Medicine and MS Obstetrics and Gynaecology courses, respectively, in Assam Medical College and Silchar Medical College.

The petitioners contended that respondents Dr. Hussain and Dr. Mazumder did not fulfill the criteria of having five years or more of continuous service in terms of the amended Medical Colleges of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) (Amendment) Rules, 2024 (Rules of 2024). They argued that the admission of ineligible candidates deprived them of securing admission in their preferred departments.

The State respondents and the selected doctors countered the claims. The Selection Board and Director of Health Services submitted affidavits detailing the service particulars. They stated that Dr. Hussain had completed over 5 years and 2 months of continuous service by the specified cutoff date (May 31, 2024), meeting the requirement of Rule 7(2)(i) of the 2024 Rules.

Regarding Dr. Mazumder , while a 10-day gap in service (March 14, 2020, to March 24, 2020) was noted, it was argued that she had applied for service continuation before her initial term expired, was recommended by authorities, and verbally assured of extension. The delay in publishing the formal extension order for her district was attributed to the authorities, not her fault. An Annexure-4 from the District Health Society was presented, supporting her continuation in service during the period.

Both selected doctors also highlighted their significantly higher merit positions in NEET-PG 2024 compared to the petitioners. They argued that there were numerous other candidates higher in merit between them and the petitioners who had not been made parties to the case.

The court carefully examined the Rules of 2024, noting that the crucial word "continuous service" was a new insertion compared to the earlier 2021 Rules.

Justice Phukan found that Dr. Shahbaz Hussain undoubtedly met the continuous service requirement as per the records.

Addressing the case of Dr. Dilara Hasin Mazumder and the alleged 10-day gap, the court acknowledged the gap but accepted her explanation that she had applied for continuation before her term ended, was recommended, and verbally assured to continue service while awaiting the formal order, the delay of which was on the part of the authorities. The court found her contention credible and fortified by Annexure-4 provided by the District Health Society.

A significant point for the court was the non-joinder of necessary parties . The court observed that there were many candidates higher in merit than the petitioners who could potentially claim the disputed seats if the selections of respondents 8 and 9 were set aside. Citing Supreme Court precedents in Prabodh Verma v State of U.P. [(1984) 4 SCC 251] and Vijay Kumar Kaul and others v. Union of India and others [(2012) 7 SCC 610] , the court reiterated that a writ petition under Article 226 should not be decided without impleading parties who would be vitally affected by the judgment. The court noted that the petitioners had failed to implead these more meritorious candidates.

Furthermore, the court highlighted that the petitioners had already been selected for other PG courses under the State Health Quota based on their merit – Dr. Chakraborty in MS-General Medicine and Dr. Baruah in MS-General Surgery.

Considering these factors, particularly the satisfaction of the continuous service rule by Dr. Hussain , the justification for the minor gap in Dr. Mazumder 's service coupled with evidence supporting her continued work, the overriding issue of non-joinder of necessary parties, and the equitable nature of the writ jurisdiction under Article 226 (which is not to be exercised for mere errors not causing manifest injustice, especially when the petitioners were not entirely deprived of admission), the court found no merit in the petition.

The petition was accordingly dismissed, with parties bearing their own costs.