SUKALYAN DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.S. Dey, learned Counsel appearing for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Health appearing for the respondents.

(2.) This matter pertains to admission into a Post Graduate Seat in a State Medical Colleges in Assam, against the North Eastern Council (NEC) Quota for the year 2011. The petitioner appeared in the entrance examination and secured the 10th position in overall merit but 1st amongst the NEC category candidates.

(3.) 1. Admissions are regulated through the Assam Medical Colleges (Regulation of Admission to Post Graduate Courses) Rules, 2006 (hereinafter referred to as "the Admission Rules") and the availability of the seats and the respective disciplines and their breakup is given in Appendix-I of the Admission Rules. Since reservation in admission is envisaged for different categories such as, NEC quota, Teachers quota, State Health quota, All India quota etc., Rule 4 provides for the quota/reservation of seats for Post Graduate courses. For NEC category, 1 seat each in degree and diploma, is provided under Sub-Rule (2) of Rule 4. But it is mandatory for everyone applying in these categories, to appear in the entrance examination and admission is given on the basis of performance, in the entrance examination