Point of Law : Expression "continuous" was a requirement for 5 years service, the said requirement appears to have been done away with consciously in the Rules of 2012 which is holding the field as on date.

JUDGEMENT :

1. Heard Shri J.M.A. Choudhury, learned counsel for the petitioner and Shri B. Gogoi, learned Standing Counsel, Health Department appearing for all the respondents. Also heard Shri I. Rafique, learned counsel for the applicant who has filed the I.A. No. 457/2022 for impleadment as party respondent no. 5, 6 & 7.

2. The petitioner is an aspirant for the Post Graduate Course in Medical Science. In 2015, the petitioner had obtained his MBBS from the Assam Medical College, Dibrugarh. On 19.01.2022, a notice was issued by the DME, Assam for counseling for admission into 50 % of Post Graduate Seats in the Medical Colleges of Assam under the State Quota for the Session 2021 to be held as per the Assam Medical Colleges (Regulation of Admission of Post Graduate Course) Rules, 2006 as amended upto 2012. The said notice was issued pursuant to an order dated 19.01.2022, passed by the Hon’ble Division Bench of this Court in WP(C) No. 211/2022, the subject matter of which was challenging the vires of the Rules of 2021. The learned counsel for the petitioner has drawn the attention of this Court to a notification dated 01.12.2021, wherein the name of the petitioner figures against Serial No. 14. By the said notification, issued by the Department, no objection was conveyed for the named officers for appearing in the Post Graduate Entrance Examination. The Counseling was accordingly held and in the list dated 30.01.2022, the petitioner was shown to be selected and his name reflected against Serial No. 431.

3. On the same date, an Educational Notice dated 30.01.2022 was issued by the DME, scheduling the dates for admission as 01.02.2022 and 02.02.2022. On the next date i.e. 31.01.2022, a notice was published by the DME fixing 04.02.2022 as the date for verification of the documents. However, in the Admission Notice dated 04.02.2022, published by the DME, the name of the petitioner was missing, though no discernible reasons were assigned for such non-inclusion of the name of the petitioner. However, the petitioner could unofficially learn that in the understanding of the authorities, the petitioner did not complete the requirement of 5 years service in rural areas in the State which the pre-condition for availing the State Quota.

4. Assailing the said decision, Shri Choudhury, the learned counsel for the petitioner has drawn the attention of this Court to two certificates issued by the competent authority to demonstrate that the purported reason to exclude the name of the petitioner is apparently erroneous. In the first certificate which is dated 20.12.2021, the Joint Director of Health Services, Dima Hasao has certified that the petitioner had worked in the MMU Langting PHC (difficult area) w.e.f. 20.04.2015 to 19.04.2016 as a Medical Officer, MBBS for a period of one year. By the second certificate dated 17.12.2021, the Joint Director of Health services, Karimganj has certified that the petitioner had served as a Medical and Health Officer in the village Baraigram Mini PHC which is admittedly a rural area.

5. It is the contention of the petitioner that the contents of the aforesaid two certificates or the certificates for that matter are not matters of dispute. Therefore, by reckoning the period of service rendered till 31.05.2021, which is the cut-off date, the petitioner fully qualifies the requirement of serving for five years in a rural area.

6. By referring to the Rules of 2006 which have been amended in the year 2012, the learned counsel submits that under the existing Rule-4, the reservation was made for the State Health Quota for eligible persons who have completed 5(five) years or more service in rural areas and such service is required to be completed as on 31st of May of the year admission and the certificate is to be submitted in Appendix-III. It is the contention of the learned counsel for the petitioner that though Appendix-III has been specifically provided for giving such a certificate, the earlier period of service admitt