NARENDRA KUMAR SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This judgment and order shall dispose of WP(C) 1083/15, WP(C) 222/2016, WP(C) 6665/2014, WP(C) 2372/2017 and WP(C) 2441/2017. The petitioners, in all these petitions, are residents of Assam but have earned their respective MBBS degrees from Medical Institutions outside Assam. They are mainly aggrieved with Rule 6(iii) of the Assam Medical Colleges (Regulation of Admission to Post Graduate Courses) Rules, 2006 and have therefore challenged its validity. The Rule under challenge reads as under:

(2.) The above quoted Rule provides that only those candidates, who have earned their MBBS degrees from Medical Colleges of Assam/University of the State of Assam recognized by the Medical Council of India, are eligible for admission to Post Graduate Courses in the State. Therefore, due to the restriction imposed by it, the petitioners have been found ineligible for admission to Post Graduate Courses.

(3.) According to the petitioners, the impugned Rule is in violation of Articles 14 and 15(1) of the Constitution of India as well as the law laid down by the Supreme Court in Pradeep Jain (Dr.) Vs. Union of India (1984) 3 SCC 654 and Saurabh Chaudri Vs. Union of India (2003) 11 SCC 146. The petitioners also submit that since all of them are residents of Assam, they cannot be denied admission to Post Graduate Courses only for the reason that they have earned their MBBS degrees from outside Assam.The State, on the other hand, has defended the Rule on the ground that it is strictly in consonance with the above referred decisions of the Supreme Court.