VICKY KUMAR PATEL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned senior counsel, assisted by Mr. B. Gogoi, appearing for all the respondents.

(2.) By this application under Article 226 of the Constitution of India, the petitioner has called into question Rule 4(2)(c) of the Medical Colleges & Dental Colleges of Assam (Regulation of Admission into 1st year MBBS Course) Rules, 2017 (for short, "2017 Rules"), as notified on 01.07.2017 by the Health & Family Welfare Department, Government of Assam.

(3.) Rule 4 provides for the mode of selection of State Quota candidates. The State Quota seats is defined in Rule 2(xxvi) to mean the seats available for admission into 1st year MBBS and BDS Courses in the Medical Colleges and Dental Colleges of Assam as per the Medical Council of India (for short, "MCI") and Dental Council of India (for short, "DCI") norms, excluding seats allotted under 15% All India Quota, Central Pool and NE State Quota. In order to understand the controversy raised in this petition, at the outset, it will be appropriate to take note of Rules 4(1), 4(2)(a), 4(2)(b) & 4(2)(c), which are relevant for the purpose of this case. Rules 4(1), 4(2)(a), 4(2)(b) & 4(2)(c) read as under:-