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2017 Supreme(Gau) 962

HRISHIKESH ROY
Satyendra Kumar Dutta, S/O Lt. Nitya Dutta – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner:Mr. A. Sahad, Mr. D. Haloi, Mr. S.A. Hussain, Advocates
For the Respondents:Mr. D. Saikia, Addl. AG, Assam Mr. B. Gogoi, SC, Health, Advocates

JUDGMENT AND ORDER :

1. Heard Mr. A. Sahad, the learned counsel appearing for the petitioner. The respondents are represented by Mr. D. Saikia, the learned Addl. Advocate General, Assam.

2. The petitioner’s son applied for admission for medical studies against the 85% State quota seats, but he is considered ineligible because he belongs to the creamy layer and hit by the Schedule-III 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 applicant’s son belongs to the OBC/MOBC category but belongs to the creamy layer. The Schedule-III of the Admission Rules, 2017 debars the creamy layer person from getting admission in the State quota seats, earmarked for the OBC/MOBC category. In this case, the admission seeker is Neelam Satyam Dutta, whose All India Rank is 88623 and the State Rank is 588.

3. 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



















































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