The amended eligibility criteria for medical admissions apply prospectively, and the appellant did not meet the continuous service requirement as of the cut-off date.

ORDER :

1. Heard Mr. S.K. Talukdar, learned counsel for the appellant. Also heard Mr. D.P. Bora, learned standing counsel for the Health Department representing respondent Nos. 1, 3 and 4 and Mrs. R. Devi, learned CGC appearing for the respondent No. 2.

2. This Intra court Appeal is presented against the order dated 18.12.2024, passed by the learned Single Judge in WP (C) No. 6434/2024, thereby dismissing the writ petition.

3. In brief, the case of the appellant is that she is an MBBS doctor, who is aspiring for admission in Post-Graduate Medical Course. The appellant had served at Messelkhowa MPHC of Goalpara district under 1 year rural compulsory posting from 09.04.2018 to 08.04.2019.

4. Thereafter, the appellant was appointed as Medical & Health Officer-I at Garajan SG at Nagaon vide notification dated 23.10.2019, pursuant to which the appellant had joined this post on 24.10.2019.

5. On 13.03.2024, the Government amended the Medical colleges of Assam (Regulation of admission into Post Graduate Degree and Diploma Courses) Rules, 2021, (2021 Rules) in exercise of power in the Article 309 of the Constitution of India, which was published in the Assam Gazette Extraordinary, dated 13.03.2024, which is the date by virtue of which the Medical Colleges of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) (Amendment) Rules, 2024 came into effect.

6. The relevant Rule 7(i)(c), as amended, is quoted below:

Amendment of Rule 7

2. (i) In the principal Rules, in rule 7, in sub-rule (i) after clause (c), in last line, after the word and brackets (SHS seats), the punctuation mark “:” shall be inserted and thereafter the following proviso shall be inserted, namely:

“Provided that

(i) State Quota seats shall be reserved in each session for the Doctors appointed in the State Health Services on regular basis on the recommendation of the Assam Public Service Commission or Medical and Health Recruitment Board and who have completed five years or more than five years of continuous service. For counting the experience of five years of service, service under Regulation 3(f) of Assam Public Service Commission (limitation and Function) Regulation, 1951, Service under rule 17B of Medical Health Recruitment Board rules, 2017, service under any Society or Agency created by the State Government or National Health Mission shall also be considered.

(ii) the applicant shall have to complete the required period of service on or before 31st May of the year of admission and a certificate to this effect shall be submitted in the format as at Appendix-III along with the application form for Post Graduate Counseling.

(iii) Seat Matrix and the allotted institution for State Health Service Quota shall be notified by the Director of Medical Education with approval of competent authority before the counseling and in event of increasing in the numbers of PG seats in Medical Colleges, there shall be proportionate increase of seats for in-service government doctors (State Health Service Quota seats).”

The amended Rule 7(i)(c) as it stood before amendment is quoted herein-below:

“7 (i) The following Quota/Reservation of seats shall be applicable in respect of admission to the Post Graduate Degree & Diploma Courses in Medical Colleges:

(a).......................

(b).......................

(c) SHQ Seats: 40 Seats (37 Degree and 3 Diploma) out of Total State Quota seats shall be reserved in each session for the Doctors appointed in the State Health Services on regular basis on the recommendation of the APSC/ MHRB and who have completed five years or more service in Rural Areas, However for counting the experience of five years of service in Rural Areas period of work under Regulation 3f of APSC (Limitation & Function 1951)/17D of MHRB rules, service under any Society/Agency created by the State Government or NHM shall also be counted. The applicant must complete the required period of service in Rural Areas on or before 31 May of the year of Admission and a certi