Arun Mishra, J. - (1.) The writ petitions have been preferred under Article 32 of the Constitution of India questioning the constitutional validity of Rule 3(1)(c) of the Medical Colleges and Dental Colleges of Assam (Regulations of Admission into 1st year MBBS/BDS Courses) Rules, 2017 (in short referred to as 'the Rules of 2017'). The petitioners have come with the case that though State can provide for preference in the matter of admission, however, such classification must be based upon objective criteria and must have a rational nexus with the objective it seeks to achieve.
(2.) Rule 3 of the Rules of 2017 provides for eligibility for the State quota seats. Same is extracted hereunder : "Rule 3 - Eligibility for State Quota Seats: The following conditions must be fulfilled:- 1. (a) The candidate must be a citizen of India. (b) The candidate must be a permanent citizen of Assam. The father/ mother or the candidate must be residing in the State of Assam continuously for not less than a period of 20 years. (The certificate at Annexure - I in Application Form at Schedule - I of these rules must be submitted if a candidate is called for counseling): Provided that this shall not be applicable to the sons/ daughters of officers of All India Services allotted to Assam (certificate regarding the service of father/ mother of the candidate from the concerned authority/department of Government of Assam must be submitted if a candidate is called for counseling. (c) The candidate must study in all the classes from class VII to XII in the State of Assam and must pass the Qualifying Examination or its equivalent examination from any Institute situated in the State of Assam. (Certificate at Annexure-II in Application Form at Schedule - I of these rules must be submitted if a candidate is called for counseling.) Provided that if a candidate studies outside Assam from Class - VII onwards because his/her father/ mother is posted outside Assam as a Assam State Government Employee or as a Central Government employee or as an employee of a Corporation/ Agency/ instrumentality under Government of Assam or Central Government whether on deputation or transfer or regular posting then the period for which the said father/mother is working outside the State shall be relaxable for such candidate. (Certificate of employment of father/mother outside the State indicating the period of service from the concerned authority must be submitted if a candidate is called for counseling.) (d) Candidate's age should not be below 17 years and above 25 years of age on the 31st December of the year in which the admission is sought for: Provided that the maximum age limit is relaxable by 3 years in case of candidates belonging to SC/ST(P)/ST(H)/ OBC/MOBC category."
(3.) The petitioners have questioned aforesaid Rule 3(1)(c) which requires that a candidate must study in all the classes from Class VII to XII in the State of Assam and must pass the qualifying examination or its equivalent examination from any Institute situated in the State of Assam. The exception has been carved out in case father or mother is posted outside Assam as an Assam State Government employee or Central Government employee or as an employee of a Corporation/Agency/instrumentality under the Government of Assam or Central Government.;