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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Samarjit Chakraborty Son Of Sudhangshu Chakraborty – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. P. Bordoloi, learned counsel for the petitioners. Also heard Mr. D.P. Borah, learned standing counsel for the respondent Nos. 1 to 7 and Mr. M.P. Sarma, learned counsel for the respondent Nos. 8 and 9.
2. In this petition, under Article 226 of the Constitution of India , the petitioners, namely, Dr. Samarjit Chakraborty and Dr. Hrishikesh Baruah have prayed for setting aside and quashing the selection and admission of the respondent Nos. 8 and 9, namely, Dr. Shahbaz Hussain and Dr. Dilara Hasin Mazumder, respectively, into Post Graduate Courses, under the State Health Quota, for the Session-2024 in MD General Medicine and MS Obstetrics and Gynaecology in Assam Medical College, Dibrugarh and Silchar Medical College, Silchar, respectively, and also to direct the respondent authorities to allot the seats allotted to the aforesaid respondent Nos. 8 and 9, to the petitioners in the Department of MD in General Medicine and MS in Obstetrics and Gynaecology, under the State Health Quota for the Session-2024.
3. The background facts, leading to filing of the present petition, are briefl
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 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 eligibility requirements for medical post-graduate admission based on merit and house job completion, ruling that pregnancy-related absences do not warrant exceptions to establishe....
Merit must prevail in admission to postgraduate medical courses; state can implement service quotas, but must not dilute merit standards.
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 o....
In order to ensure equal opportunities for quality higher education to all students in the successor States, the existing admission quotas in all government or private, aided or unaided, institutions....
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 that while the Ext.P9 Prospectus violated merit-based admission criteria, the splitting up of in-service quota seats and provision of service weigh....
Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.
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