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2018 Supreme(SC) 815

ARUN MISHRA, S.ABDUL NAZEER
RAJDEEP GHOSH – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Rahul Pratap, Amit Pawan, V. Giri, K.N. Choudhury, Manish Goswami, Rameshwar Prasad Goyal, Azim H. Laskar, Sachin Das, Chandra Bhushan Prasad, Advs.
For Respondent(s): Debojit Borkakati, M. Balashivudu, Maninder Singh, Nalin Kohli, Prabhas Bajaj, Ankit Roy, Inderjeet Singh, Shuvodeep Roy, Gaurav Sharma, Advs.

JUDGMENT

ARUN MISHRA, J.

1. The writ petitions have been preferred under Article 32 of the Constitution of India questioning the constitutional validity of Rule3(1)(c) of the Medical Colleges and Dental Colleges of Assam (Regulations of Admission into 1st year MBBS/BDS Courses) Rules, 2017 (in short referred to as ‘the Rules of 2017’). The petitioners have come with the case that though State can provide for preference in the matter of admission, however, such classification must be based upon objective criteria and must have a rational nexus with the objective it seeks to achieve.

2. Rule 3 of the Rules of 2017 provides for eligibility for the State quota seats. Same is extracted hereunder :

“Rule 3 – Eligibility for State Quota Seats:

The following conditions must be fulfilled:

1.(a) The candidate must be a citizen of India.

(b) The candidate must be a permanent citizen of Assam. The father/ mother or the candidate must be residing in the State of Assam continuously for not less than a period of 20 years. (The certificate at Annexure – I in Application Form at Schedule – I of these rules must be submitted if a candidate is called for counseling): Provided that this shall not be app













































































































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