Gauhati High Court
Page No.# 1/9 vs The State Of Assam And 3 Ors on 13 August, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/9
GAHC010157562025
2025:GAU-AS:10811
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4004/2025
SAJID AHMED
S/O ALIM UDDIN, R/O VILL. AND P.O. LAILURI, P.S. RUPHI (HAT), NAGAON,
ASSAM, PIN 782120
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM,
DEPTT. OF HEALTH AND FAMILY WELFARE, CM BLOCK (3RD FLOOR),
ASSAM, SECRETARIAT, DISPUR, ASSAM, PIN 781006
2:SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (B) DEPTT.
ASSAM SECRETARIAT
DISPUR
GUWAHATI
ASSAM
PIN 781006
3:DEPUTY SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (B)
DEPTT.
ASSAM SECRETARY
DISPUR
GUWAHATI
ASSAM
PIN 781006
4:DIRECTOR OF MEDICAL EDUCATION
Page No.# 2/9
ASSAM SIX MILE
KHANAPARA
GUWAHATI
ASSAM 78102
Advocate for the Petitioner : MR. M SAIKIA,
Advocate for the Respondent : SC, HEALTH AND F W,
Linked Case : WP(C)/3866/2025
RIJU BARO AND ORS
D/O RAMA KANT BARO R/O VILL AND PO CHATALA PS SARTHEBARI DIST
BARPETA ASSAM
2: NAYANI SAHA
D/O NARAYAN SAHA R/O VILL BABU PARA W NO. 7 BARPETA ROAD DIST
BARPETA ASSAM 781315
3: SAIDUL PRAMANIK
S/O LT LALCHAN PRAMANIK R/O VILL AND PO KHERBARI PT 1 PS
AGOMONI DIST DHUBRI ASSAM PIN 783335
4: MOHESH BASFORE
S/O HARINDAR BASFORE R/O VILL AND PO CHALANTAPARA PS
JOGIGHOPA DISTY BONGAIGAON ASSAM
5: AMINUL ISLAM
S/O MOSTAFA GOLAM AHMED R/O VILL GUTIPARA PT VI PO BAGRIBARI PS
BILASIPARA DIST DHUBRI ASSAM PN 783349
6: KHADIMUL MOLLAH
S/O TARABABU MOLLAH R/O VILL NORTH TOKRERCHARA PAT 2 PO AND
PS GOLAKGANJ DIST DHUBRI PIN 783334
7: SAYAD NABIAT ZAMAN
S/O MOTIUR RAHMAN R/O VILL KARAITARY PO AND PS FAKIRGRAM DIST
KOKRAJHAR ASSAM
8: NABIR UDDIN AHMED
S/O JILALUDDIN AHMED VILL AND PO KANDHBARI PS MUKALMUA DIST
NALBARI ASSAM
VERSUS
Page No.# 3/9
THE STATE OF ASSAM AND ORS
REP BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM DEPTT OF
HEALTH AND FAMILY WELFARE CM BLOCK 3RD FLOOR ASSAM
SECRETARIAT DISPUR
2:SECRETARY TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE B DEPTT ASSAM SECRETARIAT DISPUR
GUWAHATI ASSAM PIN 781006
3:DEPUTY SECRETARY
TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE B DEPTT ASSAM
SECRETARIAT DISPUR GUWAHATI 781006
4:DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIXMILE KHANAPARA GUWAHATI ASSAM PIN 781022
------------
Advocate for : MR. M SAIKIA
Advocate for : SC
HEALTH AND F W appearing for THE STATE OF ASSAM AND ORS
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 13.08.2025
Heard Mr. M. Saikia, learned counsel for the petitioners in both the writ
petitions as well as Mr. B. Gogoi, learned Standing Counsel for the respondent
Health & Family Welfare Department.
[2.] Although the matters are in the motion stage but the parties have been
heard at length on more than one occasion and pleadings have been exchanged
by them and therefore the writ petitions are being disposed of by this common
order and with their consent of the parties.
[3.] The case of the petitioners briefly is that they having qualified in the
National Eligibility-cum-Entrance Test (hereafter referred to as NEET), aspire to
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be admitted in the 1st year MBBS/BDS Courses. They are aggrieved with the two
Educational Notice issued by the Director of Medical Education on 01.07.2025
and 04.07.2025, by which 5% reservation for MBBS seats for students who have
studied from Class VII to X in Government Schools under SEBA and Class XI and
XII in State Government Schools/colleges of Assam as provided by The Medical
Colleges and Dental Colleges of Assam, (Regulations of Admission into 1 st Year
MBBS or BDS Courses) Rules, 2017 (hereafter referred to as the Rules of 2017)
as amended in 2024 has been denied to them in view of the amendment of the
Rules of 2017 (as amended) by a further amendment i.e., The Medical Colleges
and Dental Colleges of Assam (Regulations and Admission into 1 st Year MBBS or
BDS Courses) (Amendment) Rules, 2025 (hereafter referred to as the Rules of
2025).
[4.] The learned counsel for the petitioners by referring to the Public Notice
dated 07.02.2025, by which online application form for the NEET, 2025 have
been notified submits that online submission of application form is to be made
from 07.02.2025 to 07.03.2025 up to 11:50 PM and the last date of successful
transaction of fee was also up to 07.03.2025 up to 11:50 PM. Further, the date
of examination has been scheduled on 04.05.2025 and the declaration of results
on the NTA website tentatively by 14.06.2025.
[5.] The learned counsel submits that the respondent authorities concerned
through the two Educational Notice dated 01.07.2025 and 04.07.2025, have
sought to apply the Rules of 2025 by which, 5% reservation of MBBS seats for
students who studied from Class VII to X in Government Schools under SEBA
and Class XI to XII in State Government Schools/ Colleges of Assam have been
done away with. The learned counsel submits that since the process of selection
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had already started on 07.02.2025, the Rules of 2025 which was notified in the
Assam Gazette only on 09.04.2025 cannot be applied to the petitioners and
other similarly situated. He submits that the eligibility of the candidates must be
with reference to the last date fixed for submission of application. In other
words, the benefit given by the Rules of 2017 as amended in 2024 cannot be
denied to the petitioners since the last date for submission of application form
was 07.03.2025 and the amendment Rules of 2025 came in to operation only
w.e.f 09.04.2025.
[6.] In support of the above submissions, the learned counsel has relied upon
the Judgment and Order dated 25.08.2017, passed by a Co-ordinate Bench of
this Court in WP(C)/4174/2017 (Abhijnan Baruah Vs. State of Assam and 4
Ors.), Dolly Chhanda Vs. Chairman, JEE & Ors. reported in (2005) 9 SCC
779 and Shankar K. Mandal & Ors. Vs. State of Bihar & Ors. reported in
(2003) 9 SCC 519. The learned counsel for the petitioner thus submits that
the writ petitions may be allowed as prayed for.
[7.] Per-contra, Mr. B. Gogoi, learned Standing Counsel, Health & Family
Welfare Department by referring to the Public Notice dated 07.02.2025 submits
that it has been provided that candidates who desire to appear in NEET (UG)-
2025, may see the detailed Information Bulletin available on the website and
therefore, whatever has been provided in the Public Notice is not conclusive.
The learned Standing Counsel submits that the Information Bulletin is annexed
by the respondent department in the counter affidavit filed on 04.08.2025.
Referring to the said affidavit, the learned Standing Counsel submits that the
Ministry of Education, Govt. of India has established the National Testing Agency
(NTA) which is an independent, autonomous and self-sustained premier testing
organization and registered under the Societies Registration Act, 1860 for
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conducting the efficient, transparent and international standardized tests in
order to assess competency of candidates for admission to premier higher
education institutions etc., He submits that the responsibility of NEET is limited
to inviting online applications, the conduct of entrance test, declaration of
results and providing All India Rank to the Directorate General of Health
Services, Ministry of Health & Family Welfare, Govt. of India.
[8.] Referring to the Chapter 6, Clause 6.1.2 of the Information Bulletin, the
learned Standing Counsel submits that the Counselling for admission to the
seats under the control of State Government/UT Administrations/State
Universities/Institutions shall be conducted by the designated authorities of the
State Government as per the notifications issued separately by the authorities
concerned. Further, referring to Clause 6.1.3, the learned Standing Counsel
submits that the results of NEET (UG)-2025 may be utilized by other Entities of
Central and State Governments in accordance with the respective eligibility
criteria and norms etc.
[9.] By further referring to Clause 6.1.6 (a) (i) the learned Standing Counsel
submits that admission under State Quota Seats shall be subject to reservation
policy and eligibility criteria prevailing in the State/ Union Territory as notified by
the respective State/ Union Territories from time to time. He therefore submits
that Counselling and admission in the courses will be determined by taking into
account the reservation policy of the State as rightly notified in the Educational
Notice on 01.07.2025 and 04.07.2025. He submits that admission into 1 st year
MBBS/BDS Courses in Government Medical Colleges of Assam for the Session
2025 has only started with the issuance of the Educational Notice whereas, the
Rules of 2025 had been notified much earlier on 09.04.2025. Therefore,
selection has to be done in terms of the Rules in operation at the time of such
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consideration. He submits that the State Government is within its right to take a
conscious policy decision and one does not acquire any vested right to be
considered as per repealed rules.
[10.] To support the above submissions, the learned counsel relies upon the
case of State of Himachal Pradesh and Others Vs. Raj Kumar and
Others reported in (2023) 3 SCC 773.
[11.] I have heard the submissions made by the learned counsels for the rival
parties and I have perused the materials available on record.
[12.] The issue to be decided is as to whether the petitioners can avail the
benefit of reservation in terms of the Rules of 2017 as amended in 2024 or
cannot avail the same in view of the Rules of 2025 notified in the Assam Gazette
on 09.04.2025. The Public Notice for online application for NEET (UG)-2025 was
issued on 02.02.2025, prescribing the timeline for submission of application
form from 07.02.2025 to 07.03.2025 up to 11:50 PM. The Public Notice also
provided that the candidates who desire to appear for the test may see the
detailed Information Bulletin which was available in the website and the address
of which was also provided.
[13.] The Information Bulletin amongst others provides that admission under
State Quota Seats shall be subject to reservation policy and eligibility criteria
prevailing in the State/Union Territory as notified by the respective State/Union
Territory from time to time. The objectives of NTA is basically to conduct
efficient, transparent and international standardized test in order to assess the
competency of candidates for admission and the same is an independent and
autonomous organization/ registered society. As can be seen from the Public
Notice dated 07.02.2025, the declaration of results for NEET is said to have
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been scheduled for publication in the NTA website on 14.06.2025 and the
petitioners have all qualified in the NEET. Thereafter, as per the percentage of
seats allotted, admission to the 1st Year MBBS/BDS Courses under the State
Government Medical and Dental Colleges has been notified through the
Educational Notice inviting applications and the last date being 11.07.2025. The
same only appears to be the second stage of the process for admitting the
candidates as per the guidelines and reservation policy of the State
Government. The Rules of 2025 in the meantime have already been notified on
09.04.2025 and therefore, the petitioners in the considered view of this Court
cannot insist that the Rules of 2017 as amended in 2024 should be applied to
them in view of the Public Notice dated 07.02.2025 providing the timeline of
07.02.2025 to 07.03.2025 for submission of online applications.
[14.] The learned counsel for the petitioners has relied upon the case of
Abhijnan Baruah (Supra) to contend that eligibility must be with reference to
the last date of application. However, in view of the findings arrived at herein
above, the time line given in the Public Notice dated 07.02.2025 cannot be
construed as the final process for selecting the candidates for admission to 1 st
year MBBS/BDS Courses in the State and therefore, the said decision is not
found to be applicable. Similarly the case of Dolly Chhanda (Supra) and
Shankar K. Mandal (Supra) are also found to be not applicable under the
given facts and circumstances of the instant case. The case of Tej Prakash
Pathak & Ors. Vs. Rajasthan High Court & Ors. (Civil Appeal No.
2634/2013) rendered by the Apex Court on 07.11.2024 is also found to be not
applicable since the selection process in the instant case is not solely based on
the ranking in the NEET, but also as per the reservation policy framed by the
State which has been made known to all the candidates in the Information
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Bulletin as was reflected in the Public Notice dated 07.02.2025.
[15.] Thus, upon due consideration of the case in its entirety, I do not find any
merit in the writ petitions and they are accordingly dismissed by leaving the
parties to bear their own cost.
JUDGE
Comparing Assistant