JIBESWAR BORTHAKUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhattacharjee, learned counsel for writ petitioner and Mr. H.N. Sarma, learned Govt. Advocate appearing for respondents. As it is a case relating to the admission of a student in the Medical College, I have decided to dispose of the matter at the admission stage itself, learned Govt. Advocate has filed an affidavit-in-opposition and I have also heard him. There is a set of Rule known as "The Medical Colleges of Assam and Regional Dental College (Regulation of Admission of Under Graduate Students) Rules, 1996. There certain reservations of seats have been made. Rule 6(g) of that Rule provides for 2 seats in MBBS and 1 seat in BDS for sons/ daughters/brothers/sisters of the Martyrs of Assam Movement. Petitioner's son namely Bikash Borthakur was selected against this quota as will be evident from Annexure-III to the writ application. The petitioner secured 70% of marks. Though a certificate was issued by the Deputy Commissioner, Dibrugarh stating that he is the brother of one Anjan Borthakur, the recognized martyr, but actually he is not the real brother of one Anjan Borthakur, but is the cousin being the uncle's son of Anjan Borthakur and that statement also finds place in paragraph 4 of the writ application. Earlier [to this case also such problem arose and the authority by exercising the power under Rule 9 then it was Rule 10) relaxed this provision. Rule 9 as it stands at present provides as follows :

(2.) In this writ application, numerous instances have been given where in order to fill up the quota, this rule have been relaxed umpteen times to accommodate favourites or the blue eyed persons by the authority. Certain instances are given below.

(3.) One Aminur Rahman was selected against the quota though he was the cousin (father's sister's son) of Muzammil Haque, who is a recognized martyr of Assam Movement. In that case by exercising the power under Rule 10, admission was given. That order is at page 25 of the writ application and that is quoted below: