OMAR FARUQUE Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Being aggrieved by the selection of the respondent Nos. 5 and 6 for admission into MBBS Course for the session 2007-08 against the Char Area Reserved Quota under the Medical Colleges of Assam, Regional Dental College, Guwahati, and Government Ayurvedic College, Guwahati (Regulation of Admission of Under-Graduates Students) Rules, 2007 ('the Rules'), the petitioner has approached this court for redress. This court by order dated 20.7.2007, in the interim, had restrained the official respondents from filling up one vacant seat in the above institution for the aforementioned course.

(2.) I have heard Mr. A.M. Mazumdar, senior advocate assisted by Mr. B Sinha, advocate for the petitioner and D. Saikia, learned standing counsel, Health and Family Welfare (B) Department, Assam. Also heard Mr. A.K. Goswami, senior advocate, assisted by Mr. U. Rajkhowa, advocate for the respondent No. 6.

(3.) The pleaded facts would be necessary to outline the respective cases of the parties. The petitioner claims to be a local resident of village Bonnyaguri within Lakhipur P.S. in the Goalpara District, which according to him, is located within the Char Area contemplated by the Rules. He has insisted to belong to an economically and educationally backward class of the State. In order to pursue the MBBS Course, he applied under the Rules for appearing in the related Combined Entrance Examination ('the CEE') and on a due scrutiny of the accompanying testimonials, he was issued the admit card. He accordingly appeared in the written test. The results were duly declared and he qualified to appear before the Selection Board in the office of the Principal, Guwahati Medical College, Guwahati for counselling preceding selection for admission. He had been allotted Roll No. 310224 and on securing 186 marks in the aggregates in the CEE, was ranked as 602. The petitioner has asserted that having regard to his ranking he stood first amongst the candidates applying for the seats reserved for Char Areas and was, therefore, entitled to get the top most preference therefor.