SUMANA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Choudhury and Mr. C. Goswami, learned counsels representing the two writ petitioners. Also heard Ms. A. Verma, learned standing counsel for the Health Department appearing for the respondents.

(2.) These two cases pertain to the 6(six) State Health quota seats in the Post Graduate Course (hereinafter referred to as 'the PG Course') in the Medical Colleges of Assam for the Session 2009. The two petitioners, who were appointed as Medical Officer-I in the year 2003 and were subsequently regularized in service with effect from 17.2.2004 on the basis of recommendation made by the APSC, have approached this Court alleging wrongful denial of admission in the P.G. Course in pursuant to the admission notice issued on 16.3.2009 by the Director of Medical Education, Assam. The admissions are to be given under the provisions of the Assam Medical Colleges (Regulation of Admission to Post-Graduate Courses) Rules, 2006 (herinafter referred to as 'the Admission Rules').

(3.) Six numbers of P.G. Course seats are reserved as per the provisions made by Rule 4(4)(i) for doctors regularly appointed in the State Health Service who have rendered services for 5 years or more in Rural Areas. The selection of candidates for the 6 State Health quota seats is to be made on the basis of merit of the candidates as evaluated in the entrance examination and merit in the entrance examination, is prescribed to be the sole criteria for selection for the 6 (six) PG Course seats.