STATE OF ASSAM Vs. SITALAKSHMI SRINIVASAN

JUDGEMENT

(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").

(2.) 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.

(3.) 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 Silchar on 23.04.1996 and thereafter on 13.02.1997 when he was posted as Assistant Professor in the Department of Physics at Indian Institute of Technology, Guwahati. She has been living with her father and she completed her entire schooling upto the 12th Class in the year 2013 at Guwahati. She then appeared for the Combined Entrance Examination for MBBS/BDS courses in Medical/Dental Colleges of Assam in May, 2013 and got 157th rank in merit list in the result announced on 06.06.2013. She was called for counseling and was eligible to be allotted 46th General seats out of 61 General seats available in Assam Medical College, Dibrugarh, but candidature was rejected on the ground that she was not permanent resident of the State of Assam. Her father preferred an appeal against the decision of the Selection Board but on account of urgency she also moved this Court by filing WP(C) No.3920/2013 which was disposed of on 18.07.2013 with the direction that her appeal be decided on or before 26.07.2013 by a speaking order. Accordingly, the impugned order dated 26.07.2013 was passed rejecting her appeal. Challenging the said decision, she again moved this Court invoking her fundamental right under Article 14 of the Constitution and submitting that rejection of her candidature was illegal and arbitrary. She submitted that it could not be held that she was not a permanent resident only because she did not own immoveable property nor purchase of property just a day before counseling could be taken against her as acquisition of property even one day before counseling met the requirement of owning of immoveable property. She relied upon Sale Deed registered on 08.07.2013 in favour of her father and certificate issued by the Registrar of IIT, Guwahati to the effect that her father was permanent employee of the IIT, Guwahati since 13.02.1997. She also relied upon voters list, driving licence and passport and permanent residence certificate (PRC) issued by Additional Deputy Commissioner, Kamrup (Metro) dated 27.06.2013.