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 Page No.# 4/9 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 1st 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 1st 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 Page No.# 5/9 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 Page No.# 6/9 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 1st 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 Page No.# 7/9 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 Page No.# 8/9 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 1st 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 Page No.# 9/9 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