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2017 DIGILAW 1111 (GAU)

Prakitish Bora Son of Late Karuna Kanta Borah v. State of Assam

2017-08-14

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT AND ORDER : Ajit Singh, J. 1. These Review Petitions have been filed against our order dated 2.8.2017 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 1st 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 396. 3. It is stated in the review petitions that arguments made have not been reflected and dealt with in our order dated 2.8.2017. We only wish to say that after hearing more elaborate arguments on the issue, the 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 1st 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 1st year MBBS/BDS Courses in the Medical/Dental Colleges of Assam is permissible under the law. 4. 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 1st 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.