2. The Director of Medical Education,Assam, Six Mile, Khanapara, Guwahati

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1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MIZORAM) Review Petition No.119 of 2017 in WP(C) No.4060 of 2017 Dr.Prakitish Bora Son of Late Karuna Kanta Borah Resident of 503 E-Block, Spanish Garden R.G.Baruah Road, Guwahati District :Kamrup, Assam 1. The State of Assam Represented by the Commissioner & Secretary to the Government of Assam, Health & Family Welfare Department, Dispur, Guwahati-6 2. The Director of Medical Education,Assam, Six Mile, Khanapara, Guwahati The Medical Council of India, represented by its President, Pocket-14, Sector-8, Phase-I Dwarka, New Delhi. For the petitioner : Ms. RS Choudhury, Ms. G Das, Advocates Health Department Review Petition No.120 of 2017 In WP(C) No.4150 of Sri Kaaranjit Mushahary, Son of Sibsingh Mushahary Resident of 69 SWMDWN NWGWR, Near City School, Hirimba Road, Kajalgon, Chirang, Assam. Health & Family Welfare (B) Department, Page 1 of 5

2 2. Director of Medical Education, Assam, Housefed Complex, 3. The Selection Board for admission into MBBS/BDS Courses represented by its Chairman, Six Mile Guwahati The Medical Council of India, represented by its President, Pocket-14, Section-8, Phase-I, Dwarka, New Delhi. For the petitioner : Mr. P Mahanta, Advocate Review Petition No.121 of 2017 In WP(C) No.4153 of 2017 Sushmi Basumatary Daughter of Dr.Subung Basumatary Resident of Bodosa Bank Colony, PO Titaguri, District Kokrajhar, Assam. Health & Family Welfare (B) Department, 2. The Director of Medical Education, Housefed Complex, 3. The Selection Board for admission into MBBS/BDS Courses represented by its Chairman, Six Mile Guwahati The Medical Council of India, represented by its President, Pocket-14, Section-8, Phase-I, Dwarka, New Delhi. For the petitioner : Mr.P Mahanta, Advocate Mr. RKD Choudhury, learned Additional Senior Government Advocate, Assam, assisted by Mr. B Gogoi, learned Standing Counsel, Page 2 of 5

3 Review Petition No.126 of 2017 In WP(C) No.4336 of 2017 Progyan Borthakur Son of Priyam Borthakur Resident of Panchawati, Mallow Ali Ward No.13, Jorhat, Assam, Pin Health & Family Welfare Department, Dispur, Guwahati-6 2. The Director of Medical Education, Assam, Six Mile, Khanapara, Guwahati The Medical Council of India, represented by its President, Pocket-14, Sector-8, Phase-I, Dwarka, New Delhi. For the petitioner : Mr. RR Kaushik and Mr. P Mahanta, Advocates Health Department Review Petition No.123 of 2017 In WP(C) No.4407 of 2017 Sri Siddharth Gurung, Son of Sanjay Gurung, resident of village-loridonga PO Dongibil, PS Bihapuria, District North Lakhimpur, Pin Chief Secretary to the Government of Assam, Assam Sachivalaya, Dispur, Guwahati The Commissioner and Secretary to the Government of Assam, Department of Health and Family Welfare, Dispur, Guwahati-6, District Kamrup, Assam 3. The Director of Medical Education, Government of Assam, Khanapara, Guwahati-22. Page 3 of 5

4 4. The Controller of Examination, Office of the Director of Medical Education, Government of Assam, Khanapara, Guwahati The Chairman of the Selection/Counseling Committee for Selection of MBBS/BDS candidates, office of the Director of Medical Education, Government of Assam, Khanapara, Guwahati-22. For the petitioner : Mr. RR Kaushik and Mr.P Mahanta, Advocates Mr. RKD Choudhury, learned Additional Senior Government Advocate, Assam, assisted by Mr. B Gogoi, learned Standing Counsel, BEFORE HON BLE THE CHIEF JUSTICE MR. AJIT SINGH HON BLE MR. JUSTICE MANOJIT BHUYAN Dates of hearing & order JUDGMENT AND ORDER (Ajit Singh, C.J.) These Review Petitions have been filed against our order dated passed in a bunch of writ petitions, whereby, we have upheld the validity of Rule 3(1)(c) of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1 st year MBBS/BDS Courses) Rules, 2017 ( in short Rules, 2017 ). 2. The Rule requires a candidate to study from classes VII to XII in the State of Assam for admission to MBBS/BDS Courses in the Medical/Dental Colleges of Assam in State Quota Seats (85%). We have upheld the validity of the Rule in the light of decisions of the Supreme Court in Anant Madaan vs. State of Haryana, (1995) 2 SCC 135 and this High Court in State of Assam vs. Sitalakshmi Srinivasan, 2014 (4) GLT It is stated in the review petitions that arguments made have not been reflected and dealt with in our order dated We only wish to say that after hearing more elaborate arguments on the issue, the Page 4 of 5

5 Supreme Court in the case of Pradeep Jain (Dr.) vs. Union of India, (1984) 3 SCC 654 has settled the law that reservation on residential or institutional preference for students clearing the qualifying examination from the school system of the educational hinterland of the Medical Colleges of State is permissible. Also, relying on the decision of Pradeep Jain (Dr.) vs. Union of India (supra), the Supreme Court later in the case of Anant Madaan vs. State of Haryana (supra), has upheld the validity of an identical Rules, which require candidates to study preceding 3 years in recognized schools in respect of 85% State Quota Seats for admission into 1 st year MBBS/BDS Courses in the Medical/Dental Colleges of Haryana. Even a Division Bench of this High Court in the State of Assam vs. Sitalakshmi Srinivasan, (supra) has held that the condition requiring candidates to study in the State of Assam for particular duration for admission into 1 st year MBBS/BDS Courses in the Medical/Dental Colleges of Assam is permissible under the law. 4. It is to be noted that in the case of M/s Kesho Ram vs. Union of India, (1989) 3 SCC 151, the Supreme Court has clearly held that once a point is finally decided by the court, it becomes binding and cannot be reopened on the ground that some arguments had not been raised or considered by the court. 5. For these reasons, finding no merit in the review petitions, we dismiss the same. JUDGE CHIEF JUSTICE skd/- Page 5 of 5

INFORMATION BOOKLET. Refer RUHS website (www.ruhsraj.org) for updated and relevant information.

INFORMATION BOOKLET. Refer RUHS website (www.ruhsraj.org) for updated and relevant information. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur -302033 Phone: 0141-2795527, 2795550; Fax: 0141-2795550 Website: www.ruhsraj.org RAJASTHAN CENTRALIZED ADMISSIONS