HERAMBA KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) :- The State Government of Assam on 7/07/1989 promulgated Rules for Admission to the 356 seats of First Year M.B.B.S. and B.D.S. Courses at Dibrugarh, Gauhati and at Silchar Medical Colleges. The earlier Rules of 1974 were repealed and applications were invited to be filed on or before 25/07/1989 which was later extended to 4/08/1989. In the promulgated new Rules ten seats are reserved for Meghalaya, Mizoram one, Arunachal Pradesh one, Nagaland one and in the balance of 343 seats reservations are specified for Scheduled Castes 7%, Scheduled Tribes (Plains) 10%, Scheduled Tribes (Hills) 5%, sons and daughters dependent of Ex-servicemen and serving brother, sister defence personnel from Assam - 3 seats, sons and daughters dependent brother or sister and grandson or grand-daughter of freedom fighters of the State - 2 seats, sons and daughters, brothers and sisters of the martyers of Assam Movement - 2 seats, children of tea garden and ex-tea garden communities/tribes - 3 seats, O.B.C. including M.O.B.C. - 15% of the total available seats, and sons and daughters of serving or retired doctors of Government of Assam - 6 seats. The Rules defined some words and phrases - General Seats, Available Seats and Admission tests and where the tests are to be held is to be specified by the authorities. For the purpose of interpretation a Saving Clause is incorporated in the Rules. A bond is prescribed in Schedule II to the Rules to be executed by all those who seek admission to the Colleges.

(2.) On publication of the Rules two public interest writ petitions were received by the Court and one writ petition is filed of that nature. In four of the writ petitions some rules are assailed as ultra vires of the Constitution. In Civil Rule 1216/ 89 the petitioner is Nazma Begum Choudhury who was educated at Dimapur in Nagaland. Her uncle owns business establishments at Dimapur. She passed her H.S.L.C. Examination from the Holy Cross School at Dimapur in 1985. She prosecuted her Pre-University Course at Lady Kean College, Shillong and passed in 1987 with 65.6% of marks. She is now studying in B.Sc. She asserts her father is a permanent resident of Assam in Village Harikhai under Karimganj district of Assam. She seeks a declaration that sub-clause (iii) of clause (b) of R.3 is violative of her fundamental rights under Art.14 of the Constitution of India.

(3.) Civil Rule 1215/89 is by Khasruzzaman Choudhury, a student at Dimapur, who prosecuted his P.U. (Science) Course at Kohima College and passed in 1989 with 81.3%. He seeks a declaration that Rule 3(b)(iii) be struck down.