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2017 Supreme(Gau) 1178
IN THE HIGH COURT OF GAUHATI
Hrishikesh Roy, J.
Bikram Roy and Ors. - Appellants
Vs.
State of Assam and Ors. - Respondent
W.P.(C) No. 4058 of 2017
Decided On : 25-08-2017
For the Appellant : K.N. Choudhury, I.H. Saikia, L.M. Rahman, K. Kalita, M.R. Choudhury
For the Respondents: D. Saikia, B. Gogoi
Headnote:
Constitution of India – Article 162 – Indian Medical Counsel Act, 1956 –Regulation Admission Rules, 2017 –Government Ayurvedic College, Guwahati (Regulation of Admission of Under-Graduate Students) Rules, 2007 – Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS Course) Rules, 2017 – Rule 3 – National Eligibility – Seek Prospective – Learned Senior Counsel appearing for petitioners – Respondents are represented by learned Addl. Advocate General, Assam – Petitioners applied for admission for medical studies against State quota seats but they are considered ineligible because of Rule 3(1)(c) of Medical Colleges and Dental Colleges of Assam Rule stipulates that a student should have studied in a Assam School in all classes from Class VII - Class XII applicants have done their schooling outside State and they seek prospective operation of Rule 3 from next admission – Held, Respondents are directed to ensure admission to State Quota Seats for petitioners to MBBS/BDS courses in session, in accordance with their respective ranking in entrance test – As mop-up round by admission authorities is scheduled between as per Educational Notice respondents should re-determine the eligibility with reference to 2015 Regulation and then allow admission of the eligible aspirants without enforcing Rule 3 Admission Rules, 2017, against them – Supreme Court in Dolly Chhanda v. Chairman, JEE reported in had declared that while applying for any course of study person must possess eligibility qualification on last date for application period for application for this years admission was scheduled during and hence eligibility for petitioner must be with reference to last date of application – Admission must be granted on the basis of norms prevalent on date when aspirants could last apply and logically new Rules cannot apply for admission in current session – Appeal allowed.
Hrishikesh Roy, J.
1. Heard Mr. K.N. Choudhury, the learned Senior Counsel appearing for the petitioners. The respondents are represented by Mr. D. Saikia, the learned Addl. Advocate General, Assam. 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.
2. In this case, the admission seekers are Bikram Roy (All India Rank-24571, State Rank-55), Shahrukh Khan (All India Rank-57800, State Rank-274), Chinmoy Saikia (All India Rank-72606, State Rank-407), Kunal Dey (All India Rank-82004, State Rank-514) and Uday Buragohain (All India Rank-90857, State Rank-609).
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"). 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.
5. 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 2016(5) GLT 588:WP(C) No. 4904/2016 (Hiralal Choudhury v. 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.
6. In super-session 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.
7. 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
