SATYENDRA KUMAR DUTTA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Mr. A. Sahad, the learned counsel appearing for the petitioner. The respondents are represented by Mr. D. Saikia, the learned Addl. Advocate General, Assam.

(2.) The petitioner's son applied for admission for medical studies against the 85% State quota seats, but he is considered ineligible because he belongs to the creamy layer and hit by the Schedule-III of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS Course) Rules, 2017 (hereinafter referred to as the "Admission Rules, 2017"). The applicant's son belongs to the OBC/MOBC category but belongs to the creamy layer. The Schedule-III of the Admission Rules, 2017 debars the creamy layer person from getting admission in the State quota seats, earmarked for the OBC/MOBC category. In this case, the admission seeker is Neelam Satyam Dutta, whose All India Rank is 88623 and the State Rank is 588.

(3.) Some candidates who have pursued their school education in outside Assam schools for which, they are considered ineligible for the 85% State quota seats in the Government Medical Colleges of Assam, by application of Rule 3(1)(c) of the Admission Rules, 2017, challenged the validity of Rule 3(1)(c) but the Division Bench on 2.8.2017, had declared the Rule 3(1)(c) of the Admission Rules, 2017, to be valid. However, the matters were remanded to the Single Judge to determine whether, the new Rule gazetted on 11.7.2017, will govern this year's admission, for which the admission process started with the Notice issued on 30.1.2017 by the CBSE, for conducting the National Eligibility cum Entrance Test (NEET) (UG) for 2017-2018, for admission to MBBS/BDS Courses.