BIKRAM ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This bunch of WP(C) Nos. 4058, 4059, 4060, 4146, 4150, 4152, 4153, 4171, 4172, 4185, 4203, 4225, 4229, 4261, 4281, 4292, 4294, 4336, 4359, 4407, 4433, 4509, 4384, 4482, 4400, 4586, 4466, 4056 and 4563, all of 2017, are listed before us because the petitioners have challenged the vires of Rule 3(1)(c) of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS Courses) Rules, 2017 ( in short "Rules, 2017"). In the alternative, some of the petitioners have also prayed that Rules, 2017 cannot be retrospectively made applicable to them because these Rules were notified in the official gazette on 1.7.2017 whereas admission process had commenced from January, 2017 with the issuance of admission notice through National Eligibility cum Entrance Test (NEET). Needless to mention that issue regarding applicability of Rules, 2017 on the petitioners can be decided by the Single Judge Bench and the aggrieved party has a remedy of filing intra-court appeal before the Division Bench. However, the issue pertaining to vires of Rule 3(1)(c) can be decided only by a Division Bench.

(2.) We shall, therefore, confine ourselves to decide whether Rule 3(1)(c) of the Rules, 2017 is ultra vires to the Constitution. It reads as under:-

(3.) The petitioners are seeking admission into MBBS/BDS Courses in the Medical Colleges and Dental Colleges of Assam reserved under State Quota Seats. The admissions are governed by the Medical Colleges and Dental Colleges of Assam (Regulation of Admissions into 1st year MBBS/BDS Courses) Rules, 2017 ( in short "the Rules"). The State Quota Seats is defined as the seats available for admission into 1st year MBBS/BDS Courses in the Medical Colleges and Dental Colleges of Assam as per the Medical Council of India and Dental Council of India norms, excluding the seats allotted under (15%) All India Quota, Central Pool, NE State Quota. The above quoted Rule 3(1)(c) of the Rules provides that for eligibility to get admission in the State Quota Seats, candidate must study in all classes from Class VII to XII in the State of Assam and must pass the qualifying examination or its equivalent examination from any Institute situated in the State of Assam. The Rule also provides that if the candidate has studied outside Assam from Class VII onwards because his/her father/mother is posted outside Assam as a Assam State Government employee or as a Central Government Employee or an Employee of a Corporation/Agency/instrumentality under Government of Assam or Central Government, whether on deputation or transfer or regular posting, then the period for which father/mother is working outside the State shall be relaxable.