Aminul Islam and 5 Ors v. The State of Assam and Anr

PageoNo.#o1/5 GAHC010204912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/5274/2024 AMINULoISLAMoANDo5oORS S/O-oMASTAFAoGOLAMoAHMEDo VILL-oGUTIPARAoPARToVIo P.O-oBAGRIBARI oP.S-oBILASIPARA oDIST-oDHUBRI oASSAM 2:oSHAHANASoBEGOM D/O-oSHAHJAHANoALIo VILL-oKARAIBILo P.O-oBHAURIBHITA oP.S-oCHAYGAON oDIST-oKAMRUP oASSAM o3:oYASINoALI S/O-oMOSTOFAoAHMEDo VILL-oSARUCHAAo P.O-oAKARABORI oP.S-oMOIRABARI oDIST-oMORIGAON oASSAM o4:oBULBULoHUSSAIN S/O-oBABULoMIAHo VILL-oTHAKURANoBARIo P.OoANDoP.S-oMANKACHAR oDIST-oSOUTHoSALMARAoMANKACHAR oASSAM o5:oABULISEoALoHASSAN S/O-oSAIDURoRAHMANoo VILL-oKUKURMARAoPARToIIo Page No.# 2/5 P.O -RADHAMADHAB HAT DIST-SOUTH SALMARA MANKACHAR ASSAM 6: HELMINA AKTAR D/O-KAMAL UDDIN VILLAND P.O-BALAZAN P.S-BAGHBAR DIST-BARPETA ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-6. 2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM KHANAPARA SIX MILE GUWAHATI PIN-781022. ------------ Advocate for : MR. A H M R CHOUDHURY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND ANR

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

04.11.2024 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A.H.M.R. Choudhury, learned counsel for the petitioners.

¶2All the petitioners are aspirants for taking admission in the MBBS/BDS course-2024. They participated in the NEET-2024 and have successfully qualified in the said examination. All the petitioners studied in the Page No.# 3/5 Government Schools/Colleges and accordingly, they applied for the MBBS/BDS course for the Assam State quota under the 5% reservation for candidates who have studied in Government Schools/Colleges.

¶3Thereafter, the Director of Medical Education, Assam on 29.08.2024, issued the provisional select list of candidates (Round-1) for Assam State quota, whose names have appeared in the Assam NEET-UG-2024. The name of the petitioner No.1 appeared at Serial No.1761 and he has been allocated against Tinsukia Medical College, Tinsukia. The name of the petitioner No.6 appeared at Serial No.1743 and he has been allocated in the Kokrajhar Medical College, Kokrajhar. The name of the petitioner No.2 appeared at Serial No.1747 and he has been allocated against Tinsukia Medical College, Tinsukia. The name of the petitioner No.3 appeared at Serial No.1363 and he has been allocated against Tezpur Medical College, Tezpur. The name of the petitioner No.4 appeared at Serial No.1519 and he has been allocated against Nagaon Medical College, Nagaon and the name of the petitioner No.5 appeared at Serial No.1398 against Nagaon Medical College, Nagaon.

¶4The Director of Medical Education, Assam, issued an Admission Notice on 09.09.2024 indicating the candidates, who were found eligible for provisional admission under the 5% quota reserved for candidates, who studied in Assam Government Schools/Colleges for admission into MBBS/BDS course in the Government Medical and Dental Colleges of Assam for the Session-2024. In the said list, the Roll Numbers of the petitioners appeared. However, by an Educational Notice dated

01.10.2024, the Director of Medical Education, Assam, cancelled the Admission Notice dated 09.09.2024 for 5% quota reserved for candidates Page No.# 4/5 who studied in Assam Government Schools/ Colleges. Being aggrieved, the petitioners approached this Court by way of the present writ petition.

¶5During the pendency of this writ petition, the rescheduled second round of counselling started and accordingly, this Court by order dated

04.10.2024, permitted the petitioners to appear in the re-scheduled second round of counselling.

¶6Learned senior counsel for the petitioners submits that on the basis of the rescheduled second round of counselling, the petitioner Nos.3 and 5 have already got admissions under the 5% quota reserved for candidates who studied in Assam Government Schools/Colleges and hence, the present writ petition survives only in respect of the petitioner Nos. 1, 2, 4 and 6.

¶7Mr. B. Gogoi, learned Standing Counsel, Health Department, Assam submits that the Educational Notice dated 09.09.2024 was cancelled by the Educational Notice dated 01.10.2024 inasmuch as, there was violation of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission in the First Year MBBS or BDS Course) (Amendment) Rules, 2024 (Rules of 2024 in short), particularly Rule 5.1(r). He also submits that all the MBBS/BDS seats under the Government institute quota have been filled up by suitable candidates through counselling. Learned Standing Counsel, Health Department, Assam also submits that after the third round of counselling into the MBBS/BDS Course under the Government institute quota under UR and EWS category, the cut off marks for MBBS under UR category is 564 and under the EWS category is 557 and the marks obtained by the petitioner Nos. 1, 2, 4 and 6 are below the cut off marks both under the UR and EWS quota under the 5% quota Page No.# 5/5 reserved for candidates who have studied in Assam Government Schools/Colleges. He therefore, submits that as all the seats have been filled up, nothing survives in the present writ petition and the same requires to be dismissed.

¶8After hearing the learned counsel for the parties and particularly recording the submissions made by the learned Standing Counsel, Health Department, Assam that all the seats have been filled up and the petitioner Nos. 1, 2, 4 and 6 do not come within the cut off marks for candidates who have studied in the Assam Government Schools/Colleges, both under the UR and EWS, this Court is of the considered opinion that no relief can be granted to the petitioners at this stage. Further, this Court has also taken into consideration that the first Admission Notice dated

09.09.2024 was cancelled as it was in violation of Rule 5.1(r) of the Rules of 2024. Therefore, this Court does not see any infirmity in the Educational Notice dated 01.10.2024, whereby the earlier Admission Notice dated 09.09.2024 was cancelled.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant