Hrishikesh Roy, J.

These cases pertain to admission of students into the State quota seats (85%) for the MBBS/BDS course in the medical/dental colleges of Assam. The common grievance of all the petitioners is their disqualification since they studied from Class-VI to X at schools, outside of Assam. The admissions are regulated by the Medical Colleges of Assam and Regional Dental College, Guwahati (Regulation of Admission into 1st Year MBBS/BDS Courses) Rules, 2015 (hereinafter referred to as the “2015 Rules”) and substitution of Rule 3(1)(c), by the amendment notification of 30.01.2016, has led to deprivation of the petitioners. Therefore, the candidates who secured high ranks in the 2016 entrance test, have questioned the legal validity of the amended provision by raising common contentions.

2. Heard the learned Sr. counsel Mr. A. Dasgupta and Mr. H.R.A. Choudhury and the learned advocate Mr. U. Dutta, who made submission for the petitioners in this series. Mr. D. Saikia, the learned Addl. Advocate General argues for the State respondents. The Dibrugarh University who conducted the entrance test is represented by Mr. N.C. Das, the learned Sr. counsel.

3.1 The WP(C) No. 4904/2016 is filed by the father of the candidate Luit Raj Choudhury, who appeared in the medical entrance test and secured the 395 rank (Annexure-J), as per the result notified by the Dibrugarh University. The counseling for this OBC category candidate with the Roll No.201090 was scheduled on 28.08.2016, under the educational notice dated 08.08.2016. But because of the eligibility criteria specified under the amended Rule 3(1)(c) of the 2015 Rules, brought into effect from 30.01.2016 (Annexure-K), the applicant, who studied in a Andhra Pradesh school, is disqualified for admission, against the 85% state quota seats.

3.2 In the WP(C) No.5183/2016, the petitioner with his Roll No.507414 secured the 110 rank, which entitles him to admission. But the selection board declared him to be ineligible as the candidate studied up to Class-X from the Little Star Higher Secondary School, Dimapur, Nagaland. However he passed the qualifying PU examination from the Cotton College, Assam.

3.3 The candidate in the WP(C) No.4602/2016 with his Roll No.200926 was ranked 233 in the entrance examination but since he studied up to Class-X in the Little Flower English School at Jalpaiguri, West Bengal, he is also declared to be disqualified under Rule 3(1)(c) of the 2015 Rules.

3.4 The petitioner in the WP(C) No.5180/2016 has studied up to Class-X at the Kendriya Vidyalaya No.1, Itanagar, Arunachal Pradesh and therefore despite his high rank at 160 with Roll No.504728, he is similarly disqualified for admission under Rule 3(1)(c) as he studied in a non-Assam school.

3.5 The applicant in the WP(C) No.5219/2016 with his Roll No.200669 secured the 121 rank in the entrance examination, but he too was declared to be disqualified under Rule 3(1)(c) of the 2015 Rules, as he completed his Class-X schooling from the St. Thomas Higher Secondary School, Mendipathar, Meghalaya. His father Soidur Rahman Mollah is employed as a mechanic in the Meghalaya Police and that is how the petitioner studied in the Meghalaya school.

4. As we are concerned with the validity of the eligibility criteria, the Rule 3(1)(c) before amendment and the substituted Rule 3(1)(c) post 30.01.2016 are extracted herein below:-

Before substitution: “3(1)(c)	The candidate including son/daughters of officers of All India Services must study in all classes from Class-VII to XII in the State of Assam and must pass the qualifying examination from the Institutes situated in Assam. (Certificate at Annexure-II in Application Form B at Schedule-I of these rules must be submitted if a candidate is called for counseling): …………………………….”
Substituted: 30.01.2016 “3(1)(c)	The candid