Page No.# 1/8 GAHC010198412025 2025:GAU-AS:12695 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5115/2025 ROHIT KUMAR CHAUHAN S/O SRI HARISH CHAND CHAUHAN, R/O VILL- RAJPUR, P.O.- SAMAGURI BAZAR, P.S.- BAKALIA, DIST- KARBI ANGLONG, ASSAM-782482 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH, ASSAM (CIVIL) SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA GUWAHATI-2 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. S SUTRADHAR Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 15.09.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned standing counsel for the respondent Nos. 1 and 2. Page No.# 2/8 2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely Shri Rohit Kumar Chauhan has prayed for issuing direction to the Director of Medical Education (DME), Assam to change his category from General category to OBC(NCL) category for admission into the 1st Year MBBS Course for the session of 2025 and to direct the DME, Assam to accept his candidature as per the application No. 25203669 and also to direct the DME, Assam to issue necessary corrigendum by changing his category (NEET-UG, 2025 Roll No. 1414108076) from General category to OBC(NCL) category. 3. The grievance of the petitioner, being sought to be addresses, in this writ petition is that the petitioner, after passing Higher Secondary Examination, had appeared in National Eligibility cum Entrance Test (UG)- 2025, vide Roll No.1414108076 and successfully secured 429 marks. He had secured 2035 as State Rank and 157629 as NEET Rank. The DME, Assam, vide Education Notice, dated 15.07.2025, had published the Revised Provisional Merit List of NEET-UG, 2025 and the petitioner's name has been placed in the said revised merit list at Sl. No.2044 under the General Category. 3.1. The petitioner and his parents are permanent resident of Karbi Anglong District, Assam. He has been granted Migration certificate by the CBSE in order to facilitate admission for higher studies. The petitioner, by caste, belongs to Nonia community, which is treated as OBC in the State of Assam. For being an OBC candidate, the petitioner has been issued the Non-Creamy layer by the District Commissioner, Karbi Anglong. After declaration of results of NEET-UG, 2025 on 14-06-2025, the DME, Assam Page No.# 3/8 has published Notice on 04.07.2025, for change of category of the candidates in the provisional Merit List for Admission into 1st Year MBBS/BDS courses in the Govt. Medical & Dental Colleges of Assam for the session 2025. 3.2. The Autonomous Council of Karbi Anglong has accepted the application of the petitioner for granting OBC (NCL) certificate only on 07.07.2025 and took time till 27.08.2025 to issue the said OBC (NCL) certificate in favour of the petitioner. The District Commissioner, Karbi Anglong has delayed the process of issuance of the OBC (NCL) certificate in respect of the petitioner. The petitioner immediately after obtaining the OBC(NCL) certificate has approached the DME, Assam with prescribed filled up application and original certificate with a prayer to change his category from General to OBC(NCL) category in the provisional merit list and to allow him to participate in the ongoing counseling process for admission into 1st year MBBS Course for academic session 2025-2026. 3.3. But, the office of the respondent No. 2 has not accepted the same. The merit list has not yet been finalized as the second counseling will commence with effect from 02.09.2025 to 04.09.2025. It is further stated that the petitioner has procured the final merit list of the 1st Round of counseling where it is found that the candidates belonging to OBC (NCL) category whoever got 407 marks have been selected for admission into 1st year MBBS course. The petitioner has secured 429 marks in the NEET-UG, 2025 exam and therefore, he would have been allotted a seat in the 1st year MBBS course for the session 2025-2026 in the 1st Counseling round itself, had he been possessed the OBC(NCL) certificate in time, though he applied for the said certificate on 07.07.2025. The petitioner and his parents Page No.# 4/8 has not committed any negligence in getting the OBC (NCL) certificate. 3.4. The petitioner also states that the DME, Assam vide Education Notice dated 22.08.2025, has announced the dates for 2nd round of online Counseling for admission into 1st year MBBS degree Course for the session 2025. As per the said Notice, the cutoff date for online registration is 29.08.2025, till 11.55 PM and accordingly, the petitioner has registered for 2nd round of counseling which would commence w.e.f 02.09.2025 to 04.09.2025. The petitioner has registered his candidature for the 2nd round of counseling as OBC(NCL) Category and the same has been accepted by the Online portal. 3.5. And in case of a similarly situated candidate, the DME, Assam has issued a corrigendum dated 17.07.2025 whereby the DME, Assam has changed the category of the said candidate to OBC (NCL) from the General category. The petitioner had procured the OBC(NCL) certificate before the commencement of the 2nd Round of counseling for the admission into 1st Year MBBS Course and his candidature has been accepted in the online portal as OBC(NCL) category. The candidates belonging OBC(NCL) category, having lesser marks, than the petitioner, have been allotted the seats for MBBS in the 1st Round of Counselling. And if the category of the petitioner is not changed by the DME, Assam, the petitioner will be highly prejudiced and his labour and dedication would be frustrated. 4. The respondent No.2 had filed affidavit-in-opposition taking a stand that after publishing the revised merit list for candidates eligible to participate in the online counseling process for admission into MBBS/BDS courses of the Medical Colleges and Dental Colleges of Assam State Quota seats, online Page No.# 5/8 registration for Round-1 of online counseling was opened from 24/07/2025 to 29/07/2025. The petitioner appeared in NEET-UG-2025 as General Candidate. Meanwhile, an Educational Notice No. e.DME/UG/2025/663652/4, dated 04.07.2025, was published for any change in category of the candidates where it was clearly mentioned that no further application will be considered by this office after the last date of submission i.e. 11.7.2025. 4.1. It is also stated that one candidate, Samiran Saikia had applied for his change of category from General to OBC/MOBC (NCL) category on 10.7.2025, i.e. last date of submission of application i.e. 11.07.2025. Accordingly, his category form General to OBC/MOBC (NCL) by issuing a corrigendum vide No. e.DME/UG/2025/663865/6-A, dated 17/07/2025 and this was done before starting of 1st round of counseling and since, the petitioner did not apply for change in category before last date of submission of application; his category was maintained as General. And that the Director of Medical Education, Assam has not considered any such application for change in category after last date of submission of application i.e. 11.07.2025. And that the respondent authorities had maintained the admission process as per provision of the "Medical Colleges and Dental Colleges of Assam, (Regulation of Admission into 1st year MBBS/BDS Courses) Rules, 2017 (Amendment up to 2025). Further stand of the respondent is that on the basis of the final Merit List, which was prepared before 11.07.2025, the first round of counseling and admission is over and as such at this stage, it is not possible to allow the petitioner to change his category inasmuch as in such a situation, the entire admission process has to be started afresh by preparing and publishing a new Merit Page No.# 6/8 List. Moreover, there are several other candidates, like the petitioner, who have also applied for change of category after the cutoff date of 11.07.2025 and all such applications have not been considered by the respondent authorities. 5. Mr. Purkayastha, the learned counsel for the petitioner submits that the petitioner has filed his online application for NEET examination, under the General category as on the relevant point of time, the OBC(NCL) certificate was not available with him and he had secured 2035 state rank and 157629 NEET rank and that in the Revised Provisional Merit List of NEET-UG of 2025, published by the respondent No. 2, indicates his position in the merit list was at serial No. 2044, under the General category. 5.1. Further submission of Mr. Purkayastha is that notice for change of category was published on 04.07.2025 and the last date for change of category of the candidates for admission into the 1st year MBBS/BDS courses in the Government Medical and Dental Colleges of Assam for the session of 2025 was 11.07.2025. Thereafter, the petitioner immediately applied OBC(NCL) certificate on 07.07.2025, but the authority took time till 27.08.2025, to issue the same in his favour and that because of the said delay, the petitioner could not submit his relevant documents within stipulated time for change of his category. 5.2. However, Mr. Purkayastha submits that the said delay is not intentional and that some of the candidates, who secured lesser position than him, got admission and if the petitioner is not allowed to change his category, then serious prejudice will be caused to him. Under such circumstances, Mr. Purkayastha has contended to allow this petition. Page No.# 7/8 6. Per-contra, Mr. Borah, learned counsel for the respondent authorities submits that since the petitioner has failed to apply within the stipulated time period for change of his category with the relevant particulars, now it cannot be allowed as first round of counseling and admission have already been over on the basis of the final merit list and if the prayer of the petitioner is allowed to change his category at this stage, then the entire admission process has to be started a fresh by preparing and publishing new merit list. 6.1. Further contention of Mr. 6.1. Further contention of Mr. Borah is that apart from the petitioner, some more candidates are there who have applied for change of category after the last date, i.e. 11.07.2025, and all such applications had been rejected by the respondent authorities. Therefore, Mr. Borah has contended to dismiss the petition. 7. Having heard the submissions of learned counsel for both the parties, I have gone through the petition as well as the documents placed on record. 8. The basic facts in this case are not in dispute. It appears that the result of the NEET-UG, 2025 declared on 14.06.2025 and thereafter, the respondent No. 2 had published one notice, dated 04.07.2025, wherein last date was fixed for change of category of the candidates in the provisional merit list for admission into the 1st year MBBS/BDS courses in the Government Medical and Dental Colleges of Assam for the session of 2025, on 11.07.2025. 8.1. It also appears that the petitioner had applied for the OBC(NCL) certificate on 07.07.2025. But, the Deputy Commissioner, Karbi Anglong had Page No.# 8/8 issued the same only on 27.08.2025, and the petitioner is no way responsible for the same. 8.2. There is also no dispute regarding the position secured by the petitioner in the NEET- UG, 2025 and if the petitioner is denied to change his category, then a meritorious student will be deprived of getting admission in the MBBS course. 9. Thus, considering the submissions of learned counsel for both the parties and balancing the equity between the parties, this court is inclined to dispose of this petition by directing the respondent No. 2 to favorably consider the application filed by the petitioner to change his category from General category to OBC(NCL) category and thereafter, if he is found to be eligible for admission, then he shall be admitted in any of the Medical Colleges of Assam. 10. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant