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 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.

4. 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 This was repealed by the Assam (Regulation of Admission into 1st Year MBBS/BDS Courses) Rules, 2015 (hereinafter referred to as “the 2015 Regulation”). 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. The provision was amended thereafter by the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st Year MBBS/BDS Courses) Rules, 2016 (hereinafter referred to as “the 2016 Rules”). But in those Regulation, all OBC category were at par since the creamy layer concept was not introduced for admission, to the State quota seats.

5. In supersession of the 2015 Regulation, the Admission Rules, 2017 was gazetted on 11.7.2017 and because of the creamy layer bar under Schedule-III of the new Rules, the petitioner’s son has become ineligible for the reserved seats reserved for the OBC/MOBC in the State quota seats, in the session 2017.

6. 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 other details regarding the NEET (UG) 2017 examination.

07.05.2017- NEET (UG) examination held.

23.06.2017- NEET (UR) result/ranking declared. 01.07.2017- Assam State Merit List of NEET (UG) 2017 released. 03.07.2017- Educational Notice issued by the DME, Assam for admission inviting applications from those in the Assam State Merit List, indicating the Reserve Category Seats for 12 groups and specifying the schedule for admission with first round

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