UDAY BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KP Pathak, learned counsel for the appellant and Mr. D Saikia, learned Senior counsel, assisted by Mr. B Gogoi, learned Standing Counsel, Department of Health and Family Welfare, Assam.

(2.) This intra-Court appeal is preferred against the judgment and order, dated 28.8.2018, passed by the learned Single Judge in WP(C) No.4290/2018 closing the writ petition filed by the appellant.

(3.) A perusal of the prayers made in the writ petition goes to show that the writ petition was filed praying, inter alia, for a writ of mandamus directing the respondents to postpone the counselling for selection of candidates for admission into 1st year MBBS/BDS courses in the medical and dental colleges of Assam after the declaration of the Higher Secondary Level examination conducted by the Assam State Open School ('ASOS' for short). The appellant further prayed for issuing a writ of certiorari to set aside/quash the impugned notice, dated 22.06.2018, issued by the respondent No.2, whereby counselling has been announced for selection of candidates for admission into the aforesaid courses as well as the writ of mandamus directing the respondent authorities to consider his case solely on the basis of his rank in the state merit list of the NEET(UG), 2018 without any reliance upon Rule 3(1)(c) of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS courses) Rules, 2017 ('Rules of 2017' for short). Though the writ petition was filed with the prayers as noticed above, during the consideration of the said writ petition, an issue had arisen as to whether the Assam State Open Schooling Examination undertaken by the petitioner would meet the eligibility requirement of Rule 3(1)(c) of the Rules of 2017 and the learned Single Judge concluded that the petitioner does not fulfill the eligibility requirement of passing of qualifying examination of two year from within the State of Assam. In the background of the above finding, the present writ appeal is filed, amongst others, challenging the aforesaid conclusion of the learned Single Judge.