Back
IN THE HIGH COURT OF GAUHATI
Jasti Chelameswar & Hrishikesh Roy, JJ.
Siddhartha Sarkar and other – Appellants
Vs.
State of Assam and other – Respondent
Decided On: 24.05.2007
Eligibility Criteria - Common Entrance Examination - The Medical Colleges of Assam, Regional Dental College, Guwahati and Govt. Ayurvedic College, Guwahati Regulation of Admission of Undergraduate Students Rules, 2007 - [In case of admission into MBBS/BDS courses the candidates must pass the qualifying examination without any grace marks in the subjects of Physics, Chemistry, Biology and English individually in the same sitting and must have obtained a minimum of 60% marks taken together in Physics, Chemistry and Biology at the qualifying examination in case of candidates belonging to the general category. In respect of candidates belonging to Scheduled Caste/Scheduled Tribe, Other Backward Classes/More Other Backward Classes, the marks obtained in Physics, Chemistry and Biology taken together in the qualifying examination shall be 50%] - The court discussed the validity of the Rules framed by the State of Assam in the context of prescribing eligibility criteria for participating in Common Entrance Examination conducted by the State for selection of candidates for admission into professional courses like medicine, engineering and dental sciences. The court examined the stipulations challenged in the writ petitions, including the requirement of passing the qualifying examination without any grace marks in specific subjects and obtaining a minimum of 60% marks in certain subjects, and the challenge based on arbitrariness and violation of Article 14 of the Constitution of India. The court also addressed the preliminary objection raised regarding the non-joinder of necessary party, the purpose behind the conduct of Common Entrance Examination, and the legal framework governing the regulation of admission to professional courses.
Fact of the Case:
The writ petitions challenged the validity of the Rules framed by the State of Assam in the context of prescribing eligibility criteria for participating in Common Entrance Examination conducted by the State for selection of candidates for admission into professional courses like medicine, engineering and dental sciences.
Finding of the Court:
The court dismissed the writ petitions, upholding the eligibility criteria stipulated by the State of Assam for admission into professional courses like MBBS/BDS and engineering. The court found that the stipulations were not arbitrary and did not violate Article 14 of the Constitution of India. The court also rejected the preliminary objection raised regarding the non-joinder of necessary party, and discussed the purpose behind the conduct of Common Entrance Examination and the legal framework governing the regulation of admission to professional courses.
Issues: The issues included the validity of the eligibility criteria stipulated by the State of Assam for admission into professional courses, the challenge based on arbitrariness and violation of Article 14 of the Constitution of India, and the preliminary objection raised regarding the non-joinder of necessary party.
Ratio Decidendi: The court held that the eligibility criteria stipulated by the State of Assam for admission into professional courses were not arbitrary and did not violate Article 14 of the Constitution of India. The court also found that the issues could be decided even in the absence of the Medical Council of India, which was not a party to the litigation. The court discussed the purpose behind the conduct of Common Entrance Examination and the legal framework governing the regulation of admission to professional courses.
Final Decision: The court dismissed all three writ petitions, upholding the eligibility criteria stipulated by the State of Assam for admission into professional courses like MBBS/BDS and engineering. The court also rejected the preliminary objection raised regarding the non-joinder of necessary party, and discussed the purpose behind the conduct of Common Entrance Examination and the legal framework governing the regulation of admission to professional courses.
Jasti Chelameswar, J.
1. These three writ petitions, namely, WP (C) Nos. 2103 of 2007, 4340 of 2006 and 2084 of 2007, were directed to be heard together by a common order of this Court dated 7.5.07 as these writ petitions raise certain common questions of law regarding the validity of the Rules framed by the State of Assam in the context of prescribing eligibility criteria for participating in Common Entrance Examination conducted by the State for selection of candidates for admission into professional courses like medicine, engineering and dental sciences.
2. The undisputed facts are that the State of Assam conducts a Common Entrance Examination for the purposes of selecting students for pursuing the abovementioned courses. The conduct of such Common Entrance Examination insofar as it pertains to MBBS/BDS are concerned is governed by the Rules framed by the State of Assam called The Medical Colleges of Assam, Regional Dental College, Guwahati and Govt. Ayurvedic College, Guwahati Regulation of Admission of Undergraduate Students Rules, 2007. Insofar as the engineering courses are concerned, admittedly no separate set of Rules have been framed by the State of Assam. But the norms and procedure for selecting the students for engineering courses are said to be contained in a brochure issued by the Dibrugarh University titled "Information Brochure and Application Form-Combined Entrance Examination 2007-For admission to the MBBS/BDS/BAMS courses and Engineering Degree Courses in the State of Assam."
3. In so far as MBBS and BDS courses are concerned the impugned provision reads as follows:-
In case of admission into MBBS/BDS courses the candidates must pass the qualifying examination without any grace marks in the subjects of Physics, Chemistry, Biology and English individually in the same sitting and must have obtained a minimum of 60% marks taken together in Physics, Chemistry and Biology at the qualifying examination in case of candidates belonging to the general category. In respect of candidates belonging to Scheduled Caste/Scheduled Tribe, Other Backward Classes/More Other Backward Classes, the marks obtained in Physics, Chemistry and Biology taken together in the qualifying examination shall be 50%.
4. Though no specific provision is brought to the notice of the court, it is admitted by all the learned Counsel appearing for the either sides that similar criteria are adopted even in the context of admission to the engineering courses except for the fact that the requirement of obtaining a minimum of 60% marks in the relevant subjects at the qualifying examination is to be substituted by 50% marks.
5. In substance, the stipulation of the State is that those who seek admission into the professional courses like MBBS/BDS and Engineering must have passed the qualifying examination, particularly the subjects of Physics, Chemistry, Biology and English must have cleared in one sitting. Secondly, such candidates must have secured a minimum of 60% of marks in the subjects of Physics, Chemistry and Biology though in the case of Backward Classes, Scheduled Castes and Scheduled Tribes the stipulation is that they must have passed the examination in the above mentioned subjects with 50% of the marks. These two conditions stipulated by the State are challenged in these three writ petitions. Insofar as the first of the above mentioned two conditions are concerned, it is the subject matter of challenge in WP (C) No. 2103 of 2007 and WP (C) No. 4340 of 2006. Insofar as the second of the above mentioned two conditions is concerned it is the subject matter of challenge in WP (C) No. 2086 of 2007.
6. The petitioners have challenged these stipulations essentially on the ground that the stipulations mentioned above are arbitrary and also violative of Article 14 of the Constitution of India. It is submitted that by the above mentioned stipulation demanding pass in the subjects specified above the State has created an artificial classification bet
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
