Courtesy/By: Kritika Mehandiratta | 18 Aug 2018 Views:427
In the case Rajdeep Ghosh v State of Assam, several MBBS/BDS students filed a petition against the Rule 3(1)(c) of the Medical Colleges and Dental Colleges of Assam Rules, which states that in order to be eligible for state quota seats,
A candidate must study in all classes from class 7th to 9th in the State of Assam and;
He must also pass the qualifying examination from any institute in State of Assam.
Exception has been provided for the students whose father or mother has been posted outside the State of Assam.
The students alleged that no expert study has been conducted for the candidates who have studied outside Assam and who have likely not to serve the state after acquiring MBBS degree. Further, it was argued that the state obtains a bond agreement according to which the student has to serve the state for a certain period, the breach of would amount to compensation being paid to the government, thus making the requirement under the specified rule as only directory.
The rule has been supported by the state, since it is necessary to enable the students who are residing in Assam to provide them with the education and the requirement of the bond agreement is to ensure that the students cater to the needs of the Assam State.
The Bench while deciding the issue, referred to various decisions and observed that it is permissible to lay down the essential requirements in a particular State in respect of basic courses. It differentiated the students in the postgraduate and the post-doctoral super specialty courses. The eligibility criteria for both the courses might be different. Further, the bench also did not allow the relaxation to employees of other state governments. Thus, the parents of the children working under private employment cannot be given benefit of the above rule. Thus, it is made open to the Government with respect to the State-Quota seats, to lay down certain requirements for the students.
Courtesy/By: Kritika Mehandiratta | 18 Aug 2018 Views:427