ARINBDAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The amendment to Rule 4(3)(i) of the Assam Medical College (Regulation of Admission to Post Graduate Courses) Rules, 2006 occasioned by the Assam Medical College (Regulation of Admission to Post Graduate Courses)(Amendment) Rules, 2012 (for short, hereinafter referred to as the 2012 Rules') embodied in the Notification No. HLB.400/09/58 dated 11.1.2012 issued by the Government of Assam in the Health & Family Welfare (B) Department has been impeached to be constitutionally invalid in the present proceedings. As a relief consequential to the above declaration, a writ of mandamus has been sought for to mandate that the Teacher's Quota of seats as contemplated in the unamended provision of the Rules be retained at 20 and the petitioners be directed to be accommodated against the same for the session 2012-2013 in the Post Graduate Courses of the Medical Colleges of the State of Assam. We have heard Mr DP Chaliha, Senior Advocate for the petitioners; Mr. D Saikia, learned Addl. Advocate General, Assam for the State respondents and Mr DK Mishra, Senior Advocate assisted by Mr GZ Ahmed, Advocate for the self impleaded private respondents.

(2.) Having outlined the contour of the redressal sought for, the rival pleadings in their bare essentials are indispensable to provide the factual conspectus. The petitioners having completed their M.B.B.S. degree on being duly selected for the corresponding course by the Assam Public Service Commission, were appointed as Demonstrators/Registrars in various disciplines in the three Medical Colleges of the State of Assam in the year 2006. With the enhancement of the entry level educational qualification for the posts of Registrar/Demonstrator or the posts equivalent thereto from M.B.B.S. Degree to Post Graduate Degree in the concerned subject vide the Notification dated 4.10.2006 issued by the Government of Assam in the Health & Family Welfare (B) Department and the prescription of this upgraded qualification to be a condition of eligibility for promotion to the next higher post of Assistant Professor by the Medical Council of India, the Assam Medical College (Regulation of Admission to Post Graduate Courses) Rules, 2006 (for short, hereinafter referred to as 'the 2006 Rules') were framed in supercession of the earlier Rules. As per Rule 4(3)(i) thereof (the 2006 Rules), reservation of 5 seats for teachers in the subject of Anatomy, Physiology, Biochemistry, Pharmacology, Microbiology, SPM & Forensic Medicine was provided for. Subsequent thereto, the 2006 Rules underwent amendment ushered in by the Assam Medical College (Regulation of Appointment to Post Graduate Courses) (Amendment) Rules, 2010 (for short, hereinafter referred to as 'the 2010 Rules') enhancing the number of seats allocated for the Teacher's Quota from 5 to 20 for the sessions 2010 and 2011. The amended Rule 4(3)(vi) provided a maximum of 4 seats in a subject allowable in each session for the Teacher's Quota. The norms of eligibility for being accommodated against these seats were also prescribed.

(3.) According to the petitioners, following such enhancement in the Teacher's Quota seats, persons similarly situated like them could avail the benefit thereof and consequently enroll themselves in the Post Graduate courses in their field (s) of teaching. That, amongst others, the amended Rule 4(3)(i) of the 2010 Rules had been unsuccessfully challenged before this Court in WP(C) 3280/2010 has been mentioned. The petitioners, however, have asserted that inspite of the aforestated negation of the assailment only 10 out of 20 seats in the Teacher's Quota were made available to the concerned candidates for the session 2011 leaving behind 18 candidates serving as Demonstrators/Registrars/ Residents in various Medical Colleges of the State waiting in bonafide expectation to derive the benefit of such allocation in the Teacher's Quota. It was at this juncture that the impugned amendment has been introduced reducing the number of seats in the Teacher's Quota from 20 to 5. The Notification dated 11.1.2012 carrying the amendment made it obvious that the 2012 Rules would be applicable to regulate admission of students into Post Graduate/Diploma Course in the Medical Colleges of Assam and would cover the academic session from 2012. Repudiating this amendment to be apparently arbitrary, irrational and whimsical thereby denying them of their constitutional right to pursue Post Graduate Courses against the Teacher's Quota seats under the Rules, the petitioners have sought for panacean intervention of this Court in the exercise of its writ jurisdiction.