1. Challenge to rejection of PG medical admission candidature under State Health Quota — Applicability of amended eligibility rules requiring continuous service. (Para 2 , 3 , 4 , 5 , 6 )
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Lanusungkum Jamir, J.
Dr. Janifa Kaifee Ahmed Daughter Of Kamal Uddin Ahmed – Petitioner
Versus
The State Of Assam Represented By Its Principal Secretary, Health And Family Welfare Department And Ors. – Respondents
WP(C) 6434 of 2024
Decided On : 18-12-2024
1. Challenge to rejection of PG medical admission candidature under State Health Quota — Applicability of amended eligibility rules requiring continuous service. (Para 2 , 3 , 4 , 5 , 6 )
2. Petitioner argued rules in force at tentative notice apply; respondents argued amended rules in force at application invitation apply. (Para 7 , 8 , 9 )
3. Petition dismissed; court held amended rules applicable and petitioner lacked required continuous service. (Para 24 , 25 )
The definitive Information Bulletin inviting applications (16.04.2024), not the earlier tentative notice (09.11.2023), marks the commencement of the admission process. (Para 11 , 13 , 17 , 18 , 19 )
Amended rules apply prospectively to admissions where the process commenced after their notification; no retrospective effect is required if the rules are in force when the process begins. (Para 8 , 14 , 15 , 16 , 19 , 20 )
Yes, any break in service (e.g., between rural posting and regular appointment) prevents counting continuous service; the required five years must be unbroken before the cut-off date. (Para 23 )
No, a candidate who participates in the admission process aware that eligibility is governed by amended rules is estopped from later claiming the old rules apply. (Para 22 )
ORDER :
Lanusungkum Jamir, J.
1. Heard Mr. S.K. Talukdar, learned counsel, for the petitioner. Also heard Mr. D.P. Bora, learned standing counsel, Health Department, for the respondent Nos. 1, 3 & 4 and Mr. K. Gogoi, learned CGC, for the respondent No. 2/National Board of Examinations in Medical Sciences.
2. The petitioner is an MBBS Doctor who obtained her degree from the Assam Medical College, Dibrugarh in the year 2017. Thereafter, the petitioner underwent one year compulsory rural posting at Messelkhowa MPHC, Agiya BPHC of Goalpara district under the National Health Mission w.e.f. 19 April 2018 to 8 April 2019. A certificate to that effect was issued by the Joint Director of Health Sciences, DHS, Goalpara on 09.04.2019. Thereafter, by a Notification dated 23rd October, 2019 issued by the Joint Secretary/Deputy to the Government of Assam, Health and Family Welfare (A) Department, the petitioner was appointed as Medical and Health Officer-I and was posted at Garajan SD, Nagaon. The petitioner, accordingly, joined to the said post on 31.10.2019. The petitioner was also issued a certificate by the Joint Director of Health Services, Nagaon in terms of the Rule 2(xxii) of the Medical College of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules, 2021 in Appendix-III certifying that the petitioner has been working in regular service in Garajan SD under Singimari BPHC, Nagaon situated at Garajan village Singimari, Sub-Division in the Nagaon district, Assam w.e.f. 31.10.2019 till date for a period of 5 years 0 month continuously and satisfactorily, which is a rural area.
3. The National Board of Examinations in Medical Sciences, New Delhi issued a Notice dated 09.11.2023 announcing the tentative schedule of NBEMS Examinations scheduled in the first half of the year 2024. In the said Notice, the examination for the NEET-PG 2024 is scheduled w.e.f. 3rd March, 2024. By another Notice dated 9 January 2024, the schedule date for conducting the NEET-PG 2024 examination was re-fixed on 7 of July 2024. By another Notice dated 05.07.2024, the examination of NEET-PG 2024 was re-scheduled to be conducted on 11 August, 2024 in two shifts. The petitioner was also issued an Admit Card for appearing in the examination of NEET-PG 2024. By a Communication dated 27.09.2024 issued by the Secretary to the Government of Assam, Health and Family Welfare Department, 15(fifteen) Doctors under the Health and Family Welfare Department were granted No Objection Certificate for appearing in the Post Graduate Entrance Examination for the Session-2024 and the name of the petitioner appeared at Serial No. 11. The petitioner came out successfully in said NEET-PG 2024 Examination.
4. The Director of Medical Education, Assam issued an Admission Notice on 26.11.2024 after the first round of counselling for 50% Post Graduate Seats in Government Colleges of Assam and B.B.C.I. Guwahati under Assam State Quota for the Session-2024 and a direction was also given to the candidates to report to the Office of the Director of Medical Education, Assam for document verification. The rank of the petitioner in the State Merit Rank being 574, her date of documents verification was scheduled on 29.11.2024. Along with the Admission Notice dated 26.11.2024, the Director of Medical Education also published the Provisional Select List of Candidates for NEET-PG 2024 counselling for State Quota Seats, Assam (Round-1) and in the said list, the name of the petitioner appears at Serial No. 401 with revised state rank of 574 under the State Health Quota for the subject MD Radio Diagnosis and her provisional admission was shown to be at Silchar Medical College, Silchar.
5. The petitioner, accordingly, appeared in the Office of the Director of Medical Education Assam on 29.11.2024 for her document verification. However, during the document verification, she was verbally informed that her case has been rejected as she did not have the required 5 years of continuous q
AI
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