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eligibility clause (Assam) in medical seats on basis of STATE of study
12-Jul-2023 (In Civil Law)
For admission in MBBS course in assam. The directorate has published a new set of rules where they put up a clause that the student should have studied in assam for the state quota seats. I think it is discriminatory. Can we challenge this clause. We are permanent residents of Assam but on this basis my education become meaningless even after qualifying the NEET exam for MBBS course. Other states do not discriminate base on where u study? Can we challenge this clause ?
Reservation in Institutions of Higher Education based on domicile is violative of the Fundamental Rights guaranteed under the Constitution and therefore, the same can be challenged before the High Court under Article 226 of the Constitution.
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Adv. Samudragupta Dutta
Guwahati | 25+ Answers
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Prima facie Yes, a number of Fundamental Rights are being violated and can be challenged under Article 226 of the Constitution in the Gauhati High Court. I can however comment on the same precisely,only after going through all the documents properly.
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Adv. Sanjay Mitra
Guwahati | 25+ Answers
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A state is empowered to make rules under its purviewregarding educational institutions .....how ever if u think a large group is affected by such decision and they actually have a right based on their domicile you should initiate a public interest litigation directly to the high court or supreme court. And after analysis of the situation the court will pass an order.
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Adv. Abdul Halim
Dibrugarh | 100+ Answers
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