Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Ors on 10 July, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/4
GAHC010150122025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : 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 ASSA
VERSUS
THE STATE OF ASSAM AND ORS
Page No.# 2/4
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 78102
Advocate for the Petitioner : MR. M SAIKIA,
Advocate for the Respondent : SC, HEALTH AND F W,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
10.07.2025
Heard Mr. M. Saikia, learned counsel for the petitioners. Also heard Mr. B.
Gogoi, learned Additional Advocate General for all the respondents.
The petitioner has assailed the notices dated 01.07.2025 and 04.07.2025, by
which the amended Rules to the MBBS/BDS Admission Rules of 2017 were made
applicable. As a consequence of the said amendment, the benefit of the 5%
reservation/quota that was earlier provided by the Government for students who
had studied in Government schools from Class VII to Class XII has been
withdrawn. The petitioner, having studied in Government schools during the said
period, has been directly prejudiced by the removal of this quota, which was earlier
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available for admissions to medical and dental colleges.
The learned counsel for the petitioners has submitted that a similar issue was
decided by a Co-ordinate Bench of this Hon'ble Court in WP(C)/4174/2017
(Abhijnan Baruah). In the said case, this Court, by its Judgment and Order dated
25.08.2017, was pleased to interfere and set aside the steps taken by the
respondent authorities. It was held that introducing a change in the eligibility
criteria or reservation policy after the commencement of the admission process
would amount to a change in the rules of the game after the game has started,
which is impermissible in law and violative of the principles of fairness and
legitimate expectation.
The learned counsel for the petitioners submits that, by enforcing the
amendment, the petitioners have been deprived of their legitimate expectation to
be considered under the 5% quota.
Mr. B. Gogoi, on the other hand, submits that the amendment was notified
vide notification dated 09.04.2025, which was issued prior to the conduct of the
NEET Examination held on 04.05.2025. He further submits that the impugned
notifications merely enforced the amendment that had already been brought into
effect earlier and does not introduce any new change after the commencement of
the admission process.
Considering the submissions advanced the Court is of the view that the
matter will require consideration. Accordingly, let notice be issued, returnable in 2
(two) weeks.
Since Mr. Gogoi represents all the respondents, notices are waived.
However, extra copies be furnished within the period of 1 (one) week from
today.
The prayer for interim relief shall be considered on the next returnable date.
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List the matter on 28.07.2025.
JUDGE
Comparing Assistant
