SAIKAT MALLIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) There is a set of Rules called, the Medical Colleges of Assam/ Regional Dental College (Regulation of Admission of Under-graduate Students) Rules, 1994.

(2.) In pursuance of that Rules, an advertisement was called for admission to the Medical Colleges of Assam. That advertisement appeared in the Assam Tribune on June 11. 1994 and other dailies. Thereafter, an application form, was issued by the authority and in page 4 of that application form, there is -a column regarding permanent residential certificate of parents in the State of Assam. That column is quoted below :- <FRM>"PERMANENT RESIDENCY CERTIFICATE OF PARENTS IN THE STATE OF ASSAM. (Countersigned by under Seal and Signature of SDO (Civil) Deputy Commissioner. Strike-off which is not applicable). THIS IS TO CERTIFY THAT Shri/Smti. .......................................................................(Name of parent) Father/Mother of Shri/Smti............................,.......................................(Name- of applicant) aged ..................................years has been residing continuously on a mutated plot of land in his/her name under Dag No......................... P.P No. .............................. of Village/Town ....................... Holding No. ..............................Ward No.......................Municipality..........................Village ............................ Mouza.........................Sub-Division .............................. District ..................... since: birth (Date) Sig of Sig of President/ Sig of Local Circle Parent A.P./Ward Commissioner/ Officer. Chairman Municipality Name .................................. Name......................... Office Seal Office Seal Sl. No. Countersigned SDO (Civil) Deputy Commissioner Office Seal</FRM>

(3.) A bare reading of that paragraph will show that the requirement is that the parent must be residing continuously on a mutated plot of land in his/her name under Dag No. since birth. It is the legality and validity of this paragraph which is challenged in this . Writ application.