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ROBIN PHUKAN
Rashidul Islam Mandal, Son Of Idrish Ali Mondal – Appellant
Versus
State Of Assam, Represented By The Principal Secretary, Health And Family Welfare Department To The Govt. Of Assam – Respondent
JUDGMENT :
(Robin Phukan, J.) :
Heard Mr. R. Karim, learned counsel for the petitioners and Mr. B. Gogoi, learned Standing counsel for the respondent Nos. 1 to 5. Also heard Mr. D.K. Baidya, learned Standing counsel for the respondent No. 6.
2. As the issue involved in WP(C) No. 904/2024 and WP(C) No. 955/2024, are same and as the respondents in both the petitions are same, and as agreed by learned Advocates of both the parties, it is proposed to dispose of these two petitions by this common judgment and order.
3. In these two writ petitions, under Article 226 of the Constitution of India, the petitioners, namely, Rashidul Islam Mandal in WP(C) No. 904/2024 and Tariq Hussain in WP(C) No. 955/2024, have put challenge the correctness or otherwise of the notice dated 12.02.2024, issued by the respondent No. 3, the Principal-cum-Chief Superintendent, Gauhati Medical College and Hospital, Bhangagarh, Guwahati, debarring the petitioners from appearing in further MBBS Examination to be held on March, 2024.
4. The impugned notice dated 12.02.2024, is reproduced herein below for ready reference:
| “GOVERNMENT OF ASSAM OFFICE OF THE PRINCIPAL:: GAUHATI MEDICAL COLLEGE GUWAHATI-32 | ||
The court established that the Medical Council of India Regulations of 1997 did not impose a 9-year limit for MBBS course completion, rendering the notice invalid.
9-year limit for BDS completion, including internship from admission, is mandatory under validly framed regulations; no relaxation for COVID or delays; discharge upheld for non-completion despite opp....
As per Clause 3 of the Scheme, which deals with qualifying criteria, the medical college/institution shall qualify to apply for increasing the number of admission in MBBS/PG Diploma/Degree/Higher Spe....
The main legal point established in the judgment is the importance of upholding academic standards and not interfering in academic discipline, as emphasized by legal precedents cited by the court.
The necessity of NEET UG-2019 qualification for admission to BUMS/BAMS/BHMS Courses for the academic session 2019-20 as per the Indian Medicine Central Council Act, 1970 and the Regulations of 2018.
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