BENZIR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the two petitioners seek a direction to the State respondents to provide them admission in the first year MBBS course in the medical colleges in the State of Assam for the session 2012-13 as per their preference by considering their merit position. Facts of the case may be briefly noted.

(2.) A combined entrance examination was held on 19.05.2012 and 20.05.2012 for admission into the MBBS/BDS/BAMS courses and Engineering Degree courses in the State of Assam. Both the petitioners, who are general (unreserved) category candidates, applied for and appeared in the combined entrance examination. In their applications, they gave MBBS as their first choice and BDS as their second choice as per preference. Director of Medical Education, Assam declared the results on 29.06.2012. Both the petitioners were selected. Petitioner No. 1 secured 177 marks and was placed at Serial No. 335 in order of merit Likewise, petitioner No. 2 secured 176 marks and was placed at Serial No. 344 in the list of successful candidates. It may be mentioned that the total number of seats in the MBBS course in the State of Assam is 526 (State quota-419) whereas the total number of seats in the BDS course is 40 (State quota-16).

(3.) First counselling was held on 10.7.2012. The petitioners, who were called to appear in the counselling, were informed by the authorities that all the MBBS seats earmarked for unreserved category candidates were filled up as per merit by candidates upto Serial No. 303.