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2017 Supreme(Gau) 832
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HRISHIKESH ROY, J.
Mohsin Reza, S/O Abul Kalam Azad and others – Petitioner
Versus
The State of Assam, Represented by the Chief Secretary to the Govt. of Assam and Others – Respondents
WP(C) No.4225 of 2017
Decided On : 25-08-2017
For the Petitioner:Mr. H.R.A. Choudhury (Sr. Adv.), Mr. D.A. Kaiyum, Mr. S.H. Rahman, Mr. E. Hussain, Advocates
For the Respondent:Mr. D. Saikia, Addl. AG, Assam Mr. B. Gogoi, SC, Health, Advocates.
The main legal point established in the judgment is that the Admission Rules, 2017, cannot be retrospectively applied to impact the rights of aspirants whose admission rights were based on the NEET (UG) 2017 examination and the State Merit List.
Headnote:
Admission Rules - Medical Studies - Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS Course) Rules, 2017 - Rule 3(1)(c), Indian Medical Counsel Act, 1956, NEET (UG) 2017 examination - [Rule 3(1)(c), Indian Medical Counsel Act, 1956, NEET (UG) 2017 examination]
Fact of the Case:
The petitioners sought admission for medical studies against the 85% State quota seats but were considered ineligible due to Rule 3(1)(c) of the Admission Rules, 2017, which stipulates studying in an Assam school from Class VII to XII. The petitioners had done their schooling outside the State and sought prospective operation of the rule from the next year's admission.
Finding of the Court:
The Court found that the admission process for the 2017 session commenced with the NEET (UG) 2017 examination and the release of the State Merit List, crystallizing the rights of the aspirants. The Court held that the Admission Rules, 2017, gazetted on 11.7.2017, cannot be retrospectively applied to disturb the already crystallized rights of the petitioners.
Issues: The issues revolved around the retrospective application of the Admission Rules, 2017, and the eligibility criteria for admission to medical colleges in Assam.
Ratio Decidendi: The Court held that the Admission Rules, 2017, cannot be retrospectively applied to impact the rights of aspirants whose admission rights were based on the NEET (UG) 2017 examination and the State Merit List. The Court also emphasized the limitations on retrospective application of rules and regulations formulated by the Executive.
Final Decision: The Court directed the respondents to ensure admission to the State Quota Seats for the petitioners in the 2017 session in accordance with their respective ranking in the entrance test, based on the norms under the 2015 Regulation, without enforcing Rule 3(1)(c) of the Admission Rules, 2017, against them.
Heard Mr. H.R.A. Choudhury, the learned Senior counsel appearing for the petitioners. The respondents are represented by Mr. D. Saikia, the learned Addl. Advocate General, Assam.
2. The petitioners applied for admission for medical studies against the 85% State quota seats, but they are considered ineligible because of Rule 3(1)(c) of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS Course) Rules, 2017 (hereinafter referred to as the “Admission Rules, 2017”). The Rule stipulates that a student should have studied in a Assam School in all classes from Class VII – Class XII. The applicants have done their schooling outside the State and they seek prospective operation of the Rule 3(1)(c), from the next year’s admission.
3. In this case, the admission seekers are Mohsin Reza (All India Rank-71152, State Rank-394) and Mashud Al Islam (All India Rank-74342, State Rank-433).
4. Some candidates who have pursued their school education in outside Assam schools for which, they are considered ineligible for the 85% State quota seats in the Government Medical Colleges of Assam, by application of Rule 3(1)(c) of the Admission Rules, 2017 challenged the validity of Rule 3(1)(c) but the Division Bench on 2.8.2017, had declared the Rule 3(1)(c) of the Admission Rules, 2017, to be valid. However, the matters were remanded to the Single Judge to determine whether, the new Rule gazetted on 11.7.2017, will govern this year’s admission, for which the admission process started with the Notice issued on 30.1.2017 by the CBSE, for conducting the National Eligibility cum Entrance Test (NEET) (UG) for 2017-2018, for admission to MBBS/BDS Courses.
5. The admission for medical seats was regulated earlier by the Medical Colleges of Assam, Regional Dental College, Guwahati and the Government Ayurvedic College, Guwahati (Regulation of Admission of Under-Graduate Students) Rules, 2007 (hereinafter referred to as “the 2007 Regulation”). This was repealed by the Assam (Regulation of Admission into 1st Year MBBS/BDS Courses) Rules, 2015 (hereinafter referred to as “the 2015 Regulation”). Under Rule 3(1) of the later Regulation, it was stipulated that the candidates must study in all classes from Class VII to XII in the State of Assam to avail the Assam Quota Seats. Thereafter, by the educational notice dated 6.5.2015, the provision was relaxed and made applicable for candidates applying for the Combined Entrance Examination or CEE, 2015.
6. Those affected by the stipulation for studying in Assam School for availing the State Quota Seats, challenged the vires of the amended 2015 Regulation and the substitution of Rule 3(1)(c), by the amendment notification dated 30.1.2016. The WP(C) No.4904/2016 (Hiralal Choudhury Vs. State of Assam) and other cases were analogously decided by the High Court on 28.9.2016 and the Division Bench declared the classification to be irrational, legally discriminatory and violative of Article 14. It was accordingly held that Rule 3(1)(c) as amended in 2016 cannot be invoked, to deny admission, to the concerned aspirants.
7. In supersession of the 2015 Regulation, the Admission Rules, 2017 was gazetted on 11.7.2017 and as earlier noted, the stipulation of studies in Assam Schools under Rule 3(1)(c), is again obstructing the admission of the aspirants to the State quota seats, in the session 2017.
8. RELEVANT DATES FOR 2017 ADMISSION.
30.01.2017- CBSE issued Notification for NEET (UG) Examination for admission to MBBS/BDS Courses, for the session 2017 – 2018.
08.02.2017- The Director of Medical Education (DME), Assam issued the Educational Notice to inform that in order to secure admission to either the State of Assam Quota (85%) or the All India Quota Seats (15%) for the session 2017, the aspirants are to apply through NEET (UG) 2017 conducted by the CBSE. The candidates were also advised to visit the CBSE Website for Online application and also to gather information on othe
