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2013 Supreme(Tri) 24

A.K.GOEL, A.K.GOSWAMI
State of Assam – Appellant
Versus
Sitalakshmi Srinivasan – Respondent


Advocates Appeared:
For the Appellant : D. Saikia, Addl. AG and B. Gogoi, SC
For the Respondents:S. Chamaria, M. Phukan, S. Chanda, B.D. Konwar, J.M. Konwar and R. Kalita, Advocates

JUDGMENT

Adarsh Kumar Goel, C.J.

1. This order will dispose of Writ Appeal No. 291 and 293 of 2013 as both the appeals have been preferred by the State of Assam against common order of learned Single Judge and raise identical question of competence of the State to require owning of immoveable property as a condition to prove permanent residence in the State. The requirement of permanent residence in the State has been laid down under Rule 3(2)(b) of the Medical Colleges of Assam, Regional Dental College, Guwahati and Government Ayurvedic College, Guwahati (Regulation of Admission of Under-Graduate Students) Rules, 2007 ("the Rules"). In Writ Appeal No. 291 of 2013, the respondent-writ petitioner Sitalakshmi Srinivasan challenged the decision of the Selection Board constituted under the Rules rejecting her application for admission to the MBBS course and order dated 26.07.2013 passed by the Joint Secretary to the Government of Assam, Health and Family Welfare Department rejecting her appeal against the said decision.

2. Case pleaded by the writ petitioner is that she was born at Delhi on 07.12.1995. Her father joined services as Reader in the Department of Physics, Assam University at







































































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