- (1.) These appeals are directed against the judgment of the Gauhati High Court in Civil Rule Nos. 3493/97 and 3544/97, both being writ petitions under Art. 226 of the Constitution. Civil Rule No. 3493/97 was filed by respondents 1-25 in Civil Appeal Nos. 5242-43/98. Civil Rule No. 3544/97 was filed by respondents 26-42 in the said appeals. The appellants in the said appeals were not parties in either of the writ petitions in the High Court. Respondents 43, 43A, 44 and 45 in the said appeals were respondents 1-4 in Civil Rule No. 3493/97 and respondents 43, 43A and 44 were the respondents in Civil Rule No. 3544/97. We find it convenient to refer to the parties as arrayed in Civil Appeal Nos. 5242-5243/98.
(2.) The respondents 1-25 challenged in their writ petition the validity of Rules 4, 5 and 8 (vii) of the Assam Medical Colleges (Regulation of the Admission to the Post-Graduate Courses) Rules, 1997 (hereinafter referred to as the 'Rules') on several grounds. Respondents 26-42 had in their writ petition prayed for a direction to allow them to appear in the entrance examination for the Session 1996-97 and that they should be admitted only on the basis of the performance and merit in the entrance examination. They prayed for issue of a writ quashing the corrigendum issued by the Director of Medical Education in the Educational Notice dated 11-7-1997 whereby the candidates referred to in sub-rules (i), (ii), (iii) and (iv) of Rule 4 of the 'Rules' were exempted from appearing in the entrance examination.
(3.) The Government of Assam framed in February 1995 the Assam Medical Colleges (Regulation of Admission to Post-Graduate Courses) Rules, 1994 (hereinafter referred to as the '1994 Rules') under Art. 166 of the Constitution of India regulating admissions to the Post-graduate courses in the medical colleges of Assam. Rule 5 of the said Rules provided for eligibility for competitive examination. Rule 7 provided for scheme of selection and provisions were made for reservation. In 1997, the earlier Rules were superseded and the 'Rules' were framed. The 'Rules' came into force w.e.f. 1-7-1997. Rule 4 provides for reservation. Sub-rule (i) relates to All India quota seats being 25% of the total seats. Sub-rules (ii), (iii) and (iv) which are under challenge read as follows : "(4) Reservation in seats (ii) N.E.C. quota seats : Two seats in degree and two seats in diploma courses shall be reserved for the candidates recommended by the North Eastern Council. (iii) Teachers Quota seats : Six seats shall be reserved for those teachers who are appointed on a regular basis on the recommendation of the Commission, in any of the Medical Colleges of Assam and who had at least 3 years teaching experience after regular appointment in the subject/discipline for which the seat is available provided that the requirement of teaching experience may be relaxed by a maximum of 1 year in case or pre and para clinical subjects, by the Government. (iv) State Health Service quota seats : Twenty seats shall be reserved for the doctors appointed in the State Health Services on a regular basis on the recommendation of the Commission and who have worked for at least five years on a regular basis in any Health Centre/Institution which is not situated in a municipal area." Sub-rules (v) and (vi) are in the following terms :- "(v) Following percentages of the seats available after excluding the seats reserved as referred to in (i), (ii), (iii) and (iv) above shall be reserved for Scheduled Castes, Scheduled Tribes and Castes OBC/MOBC candidates :- S.C. - 7% S.T. (P) - 10% S.T. (H) - 5% OBC/MOBC - 15% (vi) On the date of commencement of these rules, the number of total seats in different disciplines in different colleges and their break up among the reserved categories as mentioned in sub-rules (i), (iv) and (v) above shall be as in Appendix-I. Changes, if any, in this regard shall be notified at the time of advertisement for admission by the Government. Rule 5(i) and (ii) as corrected are as follows :- "5. Entrance examination and eligibility thereof :- (i) An examination shall be conducted for the purpose of admission to the post-graduate Degree and Diploma courses in the Medical Colleges of Assam by the Gauhati University as per the scheme given at Appendix-II. Provided that the candidates referred to in sub-rules (i), (ii), (iii) and (iv) of Rule 4 shall not be required to appear in the Entrance Examination. (ii) The University authorities shall prepare a merit list based on the sum total of the marks obtained in the Entrance Examination and the percentage of marks obtained in all the three MBBS examinations by each candidate and publish the same in the leading newspapers in the State." Rule 8(vii) reads as follows :- "8. Vacancies :- (vii) Any seat lying vacant under the category referred to Rule 4(i) shall be filled up by the Director, Medical Education, with the approval of the Government in accordance with the procedure of Rules 8(i) and 8(v) and after informing the Government of India such vacancy." Provided, if there is any demand for such vacant seats by North Eastern Council for allotment of the same to the candidate from North Eastern States other than Assam, the Govt, may allot the seats to North Eastern Council as first priority.";