Page No.# 1/4 GAHC010236912025 2025:GAU-AS:15829 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6329/2025 MISS NISHITA KASHYAP D/O- DWIJEN DAS, R/O- RANGIA, WARD NO. 5, NEAR PUBLIC BUS STAND, P.O.- RANGIA, P.S.- RANGIA, DISTRICT.- KAMRUP, ASSAM, PIN NO- 781354. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI, KAMRUP (M), ASSAM, PIN NO.- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI KAMRUP (M) ASSAM PIN NO.- 781006. 3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI KAMRUP (M) ASSAM PIN NO.- 781022. 4:THE SELECTION BOARD FOR ADMISSION INTO MBBS/BDS COURSES IN THE STATE OF ASSAM SIX MILE KHANAPARA GUWAHATI KAMRUP (M) Page No.# 2/4 ASSAM PIN NO.- 781022 REPRESENTED BY ITS PRESIDENT 5:THE MEDICAL COUNCIL OF INDIA POCKET-14 SECTOR-8 PHASE-I DWARKA DELHI-110077 REPRESENTED BY ITS PRESIDENT Advocate for the Petitioner : MR. N K MURRY, MS S.DAS,MS P TOKBIPI,MS N NEWME Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 21.11.2025 Heard Mr. N. K. Murry, learned counsel for the petitioner. Also heard Mr. B. P. Borah, learned Standing Counsel for the Health Department. [2.] On 17.11.2025, Court passed the following order:- “The petitioner is an aspirant for seeking admission to the BDS Course from the General Category. Having failed to secure a place from the General Category, she now submits that she should be considered as an OBC candidate by submitting the required certificate. Mr. B.P Borah, learned Standing Counsel, Health Department submits that as per the instructions received by him, the petitioner has secured the OBC certificate only in the month October, 2025 after the second round of counselling has been done. Now, since the third round of counselling has already been completed, there is no scope for the petitioner to be Page No.# 3/4 considered under the OBC Category. Mr. N.K. Murry, learned counsel for the petitioner is said to be out of station and on a prayed made on his behalf, let the matter be listed again on 21.11.2025.” [3.] Today, Mr. N. K. Murry, learned counsel for the petitioner submits that as the petitioner did not have the OBC certificate at the relevant time she had submitted the application with an understanding that as and when she secures the OBC certificate the same will be submitted. Subsequently, the petitioner was able to secure the OBC certificate and although the third round of counselling has been done, there is a chance of having some vacancies in the stray round and therefore, the petitioner may be considered. [4.] Mr. B. P. Borah, learned Standing Counsel, Health Department, on the other hand submits that as per the instructions he has received a notification was issued by the Office of the Director of Medical Education before the commencement of the first round of counselling to the effect that any candidate who would like to change the category should apply for the same with supporting documents on or before 11th July, 2025 and therefore, the petitioner having not submitted her application for change of the category within the prescribed time, her application is time barred. He also submits that as regards the stray round, even if there are certain vacancies left, candidates from the merit list are to be considered and therefore, the petitioner will not have a chance for consideration, even in such event. [5.] Considering the above submissions, it only appears that due to the belated submission of the OBC certificate, no direction can be given to the respondent authorities to include the petitioner in the merit list at this stage. However, Page No.# 4/4 having regard to the fact that the petitioner belongs to the reserved category in the event of there being any vacancy available even after the exhaustion of the merit list, the case of the petitioner may be taken into account for admission to the BDS course. [6.] The writ petition stands disposed of. JUDGE Comparing Assistant