MANMITA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner has, inter alia, challenged the legality and validity of Rule 4 (2)(b) of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS Courses) Rules, 2017 and for setting aside and quashing of the impugned decision dated 02.07.2019 of the Counseling Committee whereby the candidature of the petitioner for admission into the MBBS Course was rejected. A further direction in the nature of mandamus has been sought for directing the Director of Medical Education, Assam to admit the petitioner into the MBBS Course in any of the Medical Colleges under the Directorate of Medical Education, Assam as per the entitlement of the petitioner considering her performance in the National Eligibility-cum-Entrance Test (UG) 2019 [NEET(UG)-2019, for short].

(2.) Before dilating in detail about the nature of challenge made to the aforesaid rule, it is appropriate to take notice of the relevant events which led to the rejection of the candidature of the petitioner by the impugned decision dated 02.07.2019 as they are not in dispute.

(3.) Heard Mr. A. Chamuah, learned counsel for the petitioner and Mr. D. Saikia, learned Senior Counsel assisted by Mr. B. Gogoi, learned Standing counsel for the Health and Family Welfare Department, Assam for the respondent nos. 1, 2 and 3. None has appeared on behalf of the respondent nos. 5 and 6 though the names of the learned counsel for the said respondents are reflected in the cause-list. The name of respondent no. 4 was struck off from the array of respondents by order dated 21.08.2019 at the request of the learned counsel for the petitioner.