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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN, J
Dr. Samarjit Chakraborty Son Of Sudhangshu Chakraborty And Anr - Appellant
Versus
The State Of Assam And 8 Ors - Respondent
WP(C) / 186 / 2025
Decided On : 11-03-2025
(A) Constitution of India - Article 226 - Medical Colleges of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules, 2021 and 2024 - Petitioners challenged the selection of respondents for State Health Quota in PG Courses, alleging ineligibility due to lack of required service duration - Petitioners qualified for NEET-PG but were not admitted to their preferred departments, while respondents were selected based on merit and service - Court found respondents fulfilled service requirements and dismissed the petition for non-joinder of necessary parties and lack of merit. (Paras 2 , 3 , 4 , 29 )
(B) Writ Jurisdiction - The jurisdiction under Article 226 is equitable and discretionary, not to correct mere errors of law unless substantial injustice occurs. (Paras 28 , 30 )
Facts of the case:
The petitioners, both doctors, applied for PG courses under State Health Quota but were denied admission to their preferred departments, with respondents selected instead. The selection was contested based on alleged ineligibility of respondents due to service requirements.
Findings of Court:
The court found that the respondents met the service requirements for admission under the amended rules and that the petitioners did not have a valid claim.
Issues: The main issues were the eligibility of respondents under the amended rules and the implications of non-joinder of necessary parties in the petition.
Ratio Decidendi: The court ruled that the respondents fulfilled the continuous service requirement and the petitioners' challenge lacked merit due to non-joinder of necessary parties and the discretionary nature of the court's jurisdiction.
Result: Petition dismissed.
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 briefly stated as under:
4. It is the contention of the petitioners that the Medical Colleges of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules , 2021 (‘Rules of 2021’, for short) was amended and to that effect Notification No. MER.209805/90, dated 13.03.2024, was publishe
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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