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KALYAN RAI SURANA, MRIDUL KUMAR KALITA
JANIFA KAIFEE AHMED D/O KAMAL UDDIN AHMED – Appellant
Versus
STATE OF ASSAM – Respondent
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 13.03.2
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.
The court affirmed that the selection of candidates for post-graduate courses under State Health Quota was valid as they met the continuous service requirement, emphasizing the equitable nature of wr....
The court ruled that the eligibility criteria imposed by the impugned memorandum were invalid as they contradicted existing Amendment Rules, thus allowing the petitioner to participate in postgraduat....
The main legal point established in the judgment is the importance of strict adherence to the admission schedule prescribed by the Medical Council of India's Regulations 2000 and the principle of mer....
The court affirmed the validity of amended rules limiting eligibility under the ‘Competent Authority Quota,’ which were not legally contested by the petitioner.
The main legal point established in the judgment is the application of the law laid down by the Hon’ble Supreme Court in the case of S. Krishna Sradha, allowing for the grant of admission in the next....
The court ruled that admissions under the NRI quota must adhere to existing rules, and arbitrary changes post-admission are invalid.
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