Page No.# 1/21

GAHC010272142024

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6812/2024

DR AKASH DOLEY AND 5 ORS

S/O KUJENDRA DOLEY, R/O FLAT NO. 5K, PARAMOUNT GREENS, P.O.-

KHANAPARA, P.S.-DISPUR, SIXMILE, GUWAHATI-781022

2: DR. ANKURJYOTI MILI

S/O GOBIN CHANDRA MILI

R/O HOUSE NO. 30

KEKORA NAGAR

P.O.-DISPUR

P.S.-DISPUR

GANESHGURI

GUWAHATI-781006

3: DR. MALABIKA BORO

D/O SUMNATH BORO

R/O HOUSE NO. 11 (A)

RUPNAGAR

P.O.-INDRAPUR

P.S.- PALTAN BAZAR

DEKAGIRI PATH

GUWAHATI-781032

4: DR. HIRAK JYOTI BARUAH

S/O BICHITRA BEZBARUAH

R/O BORBARI

HENGRABARI

P.O.-DISPUR

P.S.-DISPUR

GUWAHATI-781036

5: DR. ANKITA PAUL

S/O SUNIL PAUL

R/O HAIBARGAON

RABINDRA PALLY Page No.# 1/21

GAHC010272142024

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6812/2024

DR AKASH DOLEY AND 5 ORS

S/O KUJENDRA DOLEY, R/O FLAT NO. 5K, PARAMOUNT GREENS, P.O.-

KHANAPARA, P.S.-DISPUR, SIXMILE, GUWAHATI-781022

2: DR. ANKURJYOTI MILI

S/O GOBIN CHANDRA MILI

R/O HOUSE NO. 30

KEKORA NAGAR

P.O.-DISPUR

P.S.-DISPUR

GANESHGURI

GUWAHATI-781006

3: DR. MALABIKA BORO

D/O SUMNATH BORO

R/O HOUSE NO. 11 (A)

RUPNAGAR

P.O.-INDRAPUR

P.S.- PALTAN BAZAR

DEKAGIRI PATH

GUWAHATI-781032

4: DR. HIRAK JYOTI BARUAH

S/O BICHITRA BEZBARUAH

R/O BORBARI

HENGRABARI

P.O.-DISPUR

P.S.-DISPUR

GUWAHATI-781036

5: DR. ANKITA PAUL

S/O SUNIL PAUL

R/O HAIBARGAON

RABINDRA PALLY

Page No.# 2/21

NAGAON

782002

P.O.-HAIBARGAON

P.S.-NAGAON (SADAR)

6: DR. RAJDEEP DAS

S/O PADMA KANTA DAS

R/O PAMUOI

DEURI GAON

P.O.-DEURI GAON

P.S.-NAGAON (SADAR)

NAGAON-78214

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE

DEPARTMENT, DISPUR, GUWAHATI-781006

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF

ASSAM

MEDICAL EDUCATION AND RESEARCH DEPTT

DISPUR

GUWAHATI-781006

3:THE DIRECTOR OF MEDICAL EDUCATION

ASSAM

SIXMILE

KHANAPARA

GUWAHATI-781022

4:THE NATIONAL MEDICAL COMMISSION

REPRESENTED BY ITS CHAIRMAN AND HAVING ITS OFFICE AT POCKET-

14

SECTOR-8

DWARKA PHASE-1

NEW DELHI-110007

5:DR. ANUSHUYA SARMAH

D/O SRI TIKEN SARMAH

R/O 3/A1

LIM ENCLAVE

JILIKA PATH

PANJABARI

GUWAHATI

ASSAM-781037

Page No.# 3/21

6:DR. JIT PRATIM SARMA

S/O DR. PRAMATHESH SARMA

R/O HOUSE NO. 39

MANIKANCHAN PATH

LAKHIMI PATH

P.S.-HATIGAON

ASSAM-781028

7:DR. CHANDRAYANI BHARADWAJ

D/O DR. PRADIM KUMAR SARMA

R/O FLAT NO. 202

BASER RESIDENCY

MOTHER TERESA ROAD

LANKESWAR

P.S.-JALUKBARI

ASSAM-78101

For the petitioners : Mr. B.D. Konwar ..... Sr. Advocate.

Ms. J.M. Konwar ... Advocate.

For the respondent Health Deptt. : Mr. B. Gogoi ... SC, Health Deptt.

For the respondent NMC : Mr. D.K. Baidya ... SC, NMC

Linked Case : WP(C)/6640/2024

DR ANUSHUYA SARMAH AND 2 ORS

D/O- SRI TIKEN SARMAH

RESIDENT OF- 3/A1

LIM ENCLAVE

JILIKA PATH

PANJABARI

GUWAHATI

ASSAM

PIN- 781037

2: DR. JIT PRATIM SARMA

S/O- DR. PRAMATHESH SARMA

RESIDENT OF- H.NO. 39

MANIKANCHAN PATH

LAKHIMI PATH

P.S.- HATIGAON

ASSAM

PIN- 781028

Page No.# 4/21

3: DR. CHANDRAYANI BHARADWAJ

D/O- DR. PRADIP KUMAR SARMA

RESIDENT OF FLAT NO. 202

BASERA RESIDENCY

MOTHER TERESA ROAD

LANKESWAR

P.S.- JALUKBARI

PIN- 781014

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY ITS PRINCIPAL SECRETARY

HEALTH AND FAMILY WELFARE DEPARTMENT

GOVERNMENT OF ASSAM

DISPUR

GUWAHATI- 781006

2:THE DIRECTOR OF MEDICAL EDUCATION

ASSAM

SIX MILE

KHANAPARA

GUWAHATI- 781022

3:THE NATIONAL MEDICAL COMMISSION

REPRESENTED BY ITS CHAIRMAN

AND HAVING ITS OFFICE AT POCKET-14

SECTOR-8

DWARKA PHASE-1

NEW DELHI- 110077

------------

For the petitioners : Mr. K.N. Choudhury ..... Sr. Advocate.

Mr. J. Patowary ... Advocate.

For the respondent Health Deptt. : Mr. B. Gogoi ... SC, Health Deptt.

For the respondent NMC : Mr. D.K. Baidya ... SC, NMC

Date of hearing : 30.01.2025

Date of Judgment : 07.02.2025

Page No.# 5/21

BEFORE

HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

JUDGMENT AND ORDER (CAV)

1. Heard Mr. K.N.Choudhury, learned Senior Counsel assisted by Mr.

J.Patowary, learned counsel for the petitioners in WP(C) No.6640/2024. Also

heard Mr. B.D.Konwar, learned Senior Counsel assisted by Ms. J.M.Konwar ,

learned counsel for the petitioners in WP(C) No. 6812/2024. Mr. B.Gogoi,

learned Standing Counsel appears for the Health Department, Government of

Assam, while Mr. D.K.Baidya, learned Standing Counsel appears for the National

Medical Commission (NMC).

2. The grievance of the petitioners in WP(C) No.6640/2024, who are

unreserved category MBBS degree holders is that the implementation of the

10% reservation quota for the Economically Weaker Section (EWS), required a

corresponding 25% increase in the total seats for admission into the Post-

Graduate courses in the Medical Colleges of Assam for the year 2024. However,

the State respondents did not make any corresponding 25% increase in the

Post-Graduate seats, while implementing 10% reservation for the EWS in the

first round of counselling which was held on 18.11.2024.

3. The increase of seats by 25% was done only in the 2

nd

round of

Page No.# 6/21

counselling, on the orders of this Court, that also by introducing an additional

51 seats only, instead of 83 seats. The prayer of the petitioners in WP(C) No.

6640/2024 is to direct the respondents to increase the seats for counselling

from 51 additional PG seats to 83.

4. The petitioners in WP(C) No.6812/2024 are reserved category MBBS

graduates, who do not belong to the EWS category. Their grievance is that the

corresponding increase of 25% seats of the total Post-Graduate seats for

implementation of the reservation of 10% quota seats for the EWS, numbering

51, which was introduced in the 2

nd

round of counselling, had not been

allocated/distributed as per the Reservation Policy of the State of Assam. The

State respondents had allocated all the 51 Post-Graduate seats solely for the

unreserved quota candidates, without adding the 51 seats to the total State

Medical Post-Graduate seats, which would have entailed a fresh calculation with

regard to the number of seats to be allocated to the different reserved

categories, thereby allowing for the petitioners to have a larger field of choice in

the courses/subjects offered. The additional increase of 51 Post-Graduate seats,

made in pursuance to the interim order dated 11.12.2024 passed in WP(C)

6640/2024, which had been put up in the 2

nd

round of counselling on

12.12.2024, had not been distributed/allocated in terms of the Reservation

Policy of the State of Assam, but had been reserved exclusively for allocation to

the unreserved category candidates by the State Government, in violation of the

guidelines and parameters laid down by the Government of India in relation to

the Constitution (One Hundred and Third Amendment) Act, 2019.

Page No.# 7/21

5. The issue pertains to whether the 51 Post-Graduate seats that had been

offered in the 2

nd

round of counselling, for implementing the 10% reservation of

seats for the EWS, could have been reserved exclusively for the unreserved

category. The further question to be decided is whether the 25 % increase of

seats out of the total Post-Graduate seats, for implementing the Constitution

(One Hundred and Third Amendment) Act, 2019, in terms of the guidelines laid

down by the Central Government and the NMC, should be 51 or 83 additional

Post-Graduate seats.

6. The petitioners are all Post-Graduate medical aspirants who have obtained

their MBBS degree from various recognized medical colleges within the State of

Assam. Their aim is to pursue Post-Graduate medical degree courses.

Admissions to Post-Graduate medical courses in India are regulated through the

National Eligibility –cum- Entrance Test, ( NEET-PG), conducted by the National

Board of Examination. Out of all the total Post-Graduate medical seats available

in various disciplines in the State of Assam, 50% are allocated under the All

India Quota and the remaining 50% are earmarked for the State quota. In the

State of Assam, the merit position of the candidates in the NEET-PG

examination is the basis for determining their eligibility for allocating their State

quota seats. The present case pertains to the State quota seats in relation to

Post-Graduate Medical seats.

7. By amending Article 15 and 16 of the Constitution of India by two new

clauses, i.e. Clause 6 to Article 15 and Clause 6 to Article 16, the State has been

empowered to provide for a maximum of 10% reservation for the EWS, of

Page No.# 8/21

citizens other than the Scheduled Castes, Scheduled Tribes, Other Backward

Classes, etc. The State of Assam has reserved 10 % quota for the EWS for the

Post-Graduate Medical seats.

8. The issue raised by the petitioners in both the petitions being inter-related,

the writ petitions are being decided by this common Judgment and Order.

9. The 10% reservation quota for the EWS had been put to challenge before

the Hon’ble Supreme Court in the case of Janhit Abhiyan –vs-Union of

India (EWS Reservation) reported in 2023 (5) SCC 1. The three issues that

were required to be decided have been spelt out in paragraphs 37.1, 37.2 &

37.3, which are as follows :

“37.1. (a) As to whether reservation is an instrument for inclusion of socially

and educationally backward classes to the mainstream of the society and,

therefore, reservation structured singularly on economic criteria violates the

basic structure of the Constitution of India?

37.2. (b) As to whether the exclusion of classes covered under Articles 15(4) ,

15(5) and 16(4) from getting benefit of reservation as economically weaker

sections violates the Equality Code and thereby, the basic structure doctrine?

37.3.(c) As to whether reservation for economically weaker sections of citizens

up to ten per cent. in addition to the existing reservations results in violation of

basic structure on account of breaching the ceiling limit of fifty per cent.?”

10. The three issues were answered by the Constitution Bench of the

Supreme Court in paragraphs 184.1, 184.2 & 184.3, which are as follows:

“184.1. Reservation is an instrument of affirmative action by the State so as to

ensure all-inclusive march towards the goals of an egalitarian society while

counteracting inequalities; it is an instrument not only for inclusion of socially

and educationally backward classes to the mainstream of society but, also for

inclusion of any class or section so disadvantaged as to be answering the

Page No.# 9/21

description of a weaker section. In this background, reservation structured

singularly on economic criteria does not violate any essential feature of the

Constitution of India and does not cause any damage to the basic structure of

the Constitution of India.

184.2. Exclusion of the classes covered by Articles 15(4) , 15(5) and 16(4) from

getting the benefit of reservation as economically weaker sections, being in the

nature of balancing the requirements of non-discrimination and compensatory

discrimination, does not violate Equality Code and does not in any manner

cause damage to the basic structure of the Constitution of India.

184.3. Reservation for economically weaker sections of citizens up to ten per

cent. in addition to the existing reservations does not result in violation of any

essential feature of the Constitution of India and does not cause any damage to

the basic structure of the Constitution of India on account of breach of the

ceiling limit of fifty per cent. because, that ceiling limit itself is not inflexible and

in any case, applies only to the reservations envisaged by Articles 15(4) , 15(5)

and 16(4) of the Constitution of India.”

11. To implement the provisions of 103

rd

Constitutional amendment, various

guidelines and Notifications were issued by the Government of India and

Medical Council of India, which was later rechristened as the National Medical

Commission (NMC). In this regard, the Government of India, Ministry of Health

and Family Welfare, Medical Education Policy issued letter F.NO.V-

11025/10/2019-MEP dated 29.01.2019 to the Secretary General (Board of

Governors), Medical Council of India, stating that at any stage of

implementation of the EWS reservation, the number and percentage of

reservation provided for SC/ST/OBC categories shall not be reduced. The letter

dated 29.01.2019 also stated in paragraph (b) that every Central Educational

Institution should, with the prior approval of the authority defined in Section

2(c) of The Central Educational Institution (Reservation in Admission) Act, 2006,

increase the number of seats over and above its annual permitted strength in

each branch of study or faculty so that the number of seats available, excluding

Page No.# 10/21

those reserved for the persons belonging to the EWSs, is not less than the

number of such seats available, in each category for the academic session

immediately preceding the date of coming into force of the guidelines.

12. As per the guidelines issued vide letter no. MCI-34(41)(EWS)/2019-

Med/122349 dated 04/06-06-2019 by the BOARD OF GOVERNORS in

supersession of the Medical Council of India, for implementing the 10% EWS

reservation quota for MBBS seats, the increase in seats has to be effectively

25% of the current intake to ensure that the existing number of general and

other quota seats were not affected. The guidelines provided an example to the

effect that when a college had a current intake of 100 seats, the college would

need to have 25% additional seats which would then altogether amount to 125

seats. The guidelines further stated that the calculation of seat increase has to

be made, taking into consideration the total intake of students at the “State”

level, considering all the seats/ institutions where Government reservation policy

is applicable and is being implemented. The guidelines further stated that the

overall increase is to be calculated on the basis of 2019-2020

approved/permitted seats and the same was to be implemented over a two year

period, i.e. 2019-2020 and 2020-2021. The above guidelines was also made

applicable to Post-Graduate (PG) medical seats.

13. Mr. B.D.Konwar, the learned Senior Counsel for the reserved category

candidates submits that there was a total number of 342 State quota seats for

Post-Graduate courses, which included the State Health Quota (SHQ) seats

totalling 54. He submits that the said 54 SHQ seats is reserved for allotment to

those in-service doctors of the State Government, who have completed 5 years

Page No.# 11/21

of service in the rural areas. The 54 SHQ seats are kept out of the purview of

the allocation of seats made under the Reservation Policy of the State. Thus, the

remaining 288 seats was allocated as per the Reservation policy of the State. In

view of the reservation of 10% seats for the EWS category, 59% of the 288 Post

Graduate seats would have to be served for the reserved candidates including

the EWS quota. Prior to the implementation of reservation for EWS, 49% of the

seats were allocated to the various reserved category candidates.

14. Mr. B.D. Konwar, learned counsel for the reserved category candidates

submits that he does not have any issue with the 288 seats, after deducting 54

SHQ seats from 342 seats, that had been put up in the first round of

counselling. His grievance is with regard to the 51 additional Post Graduate

seats which was not a part of the 288 seats, that had been kept exclusively for

the unreserved category candidates in the second (2

nd

) round of counselling. He

submits that these additional 51 seats have been put up in the 2

nd

round of

counselling for the first time, in terms of the interim order dated 11.12.2024

passed by this Court in WP(C) 6640/2024, wherein this Court had held as

follows :

“In the meantime, the authorities in the Directorate of Medical Education,

Assam is permitted to increase 51 (fifty one) numbers of seats for the

Unreserved category for the PG medical admission, 2024.”

15. The petitioners’ counsel submits that the 51 newly increased seats were

to be made available in terms of the guidelines issued by the Central

Government and the Medical Council of India in the 1

st

round of counselling

Page No.# 12/21

also, after allocation of the 51 seats were made in terms of the Reservation

Policy of the State, as a 25% increase of the total seats of a college was to be

made for implementation of the reservation of 10% for EWS. However, as the

same was not being done, the 51 increased Post-Graduate seats were directed

to be made, as per the interim order dated 11.12.2024 passed in WP(C)

6640/2024. These additional 51 Post-Graduate seats had to be distributed as

per the Reservation Policy of the State Government and the same could not

have been reserved only for the unreserved category. Further, the number of

Post-Graduate seats that were to be allocated to the various reserved category

candidates could not be reduced, when applying the Central Government

guidelines. In view of the 103

rd

Constitutional Amendment, the decision of the

Supreme Court in Janhit Abhiyan (supra), the various Notifications made by

the Health Ministry and the Reservation Policy of the State, the 51 additional

seats should have been distributed allocated for different categories/class of

candidates, as per the Reservation Policy of the State.

16. Mr. K.N. Choudhury, learned Senior Counsel for the unreserved category

candidates submits that the total number of Post Graduate seats that were to be

allocated was 342. However, 54 seats were kept reserved under the State

Health quota, for in service Doctors, who had completed 5 years of rural

service. As such, only 288 seats remained for allocation to various reserved/

unreserved candidates, as per the Reservation Policy of the State.

17. Mr. K.N. Choudhury, learned Senior Counsel submits that the additional 51

seats that were created in terms of the interim order passed by this Court does

Page No.# 13/21

not amount to 25% increase of the total number of seats. In fact, 25% of the

total number of seats would be 83. He submits that the 25% increase of the

total seats, for implementation of the 10% reservation for EWS, would have to

be distributed as per the Reservation Policy of the State, while ensuring that the

unreserved category seats are not reduced. He thus submits that besides the

increase of 51 seats, there has to be a further increase of Post-Graduate seats

by 32, so as to ensure that there has been a 25% increase of the total seats,

which can be allocated under the State quota.

18. Mr. B. Gogoi, learned counsel for the State Health Department submits

that communications have been sent to the NMC, with the proposal for

increasing the Post Graduate seats to 83 for the academic year 2020-2021.

Though there is an increase of 51 seats out of the total 83 seats proposed by

the State Government, approval for increase of the balance 32 Post-Graduate

seats has not been given by the NMC till date.

19. Mr. D.K. Baidya, learned counsel for the NMC submits that with the

implementation of reservation of 10% for the EWS, the State Government had

asked for enhancement of the total seats by 25% for Post Graduate seats and

the NMC had enhanced the seats to 83, vide letter dated 27.02.2020, after

being approved by the Board of Governors. He submits that the letter dated

27.02.2020 allowed the States respondents to enhance the total Post-Graduate

seats by 83 seats, though the required seats for implementation of reservation

for the EWS was 51. This was to be acted upon from the assessment year 2020

– 2021 onwards.

Page No.# 14/21

20. Mr. D.K. Baidya, learned counsel for the NMC has submitted a letter dated

28.11.2024, which states that the increase of Post-Graduate seats to 83 is a

onetime measure, which has already been approved by the NMC and Letter of

Permission (LOP) for 83 seats had already been given to the State Government.

He has also submitted a copy of the e-mail dated 11.12.2024 sent by Legal

PGMEB to the learned Counsel in regard to WP(C) 6640/2024, which states that

approval for increase of 83 Post-Graduate seats had been given as a onetime

measure vide LOP dated 27.02.2024. The contents of the e-mail dated

11.12.2024 is reproduced herein below, as follows :

“Subject: W.P. (C) No. 6640/2024, Dr. Anushuya Sharmah & Ors. vs. State of

Assam & Ors. before the Hon'ble high Court of Gauhati

Sir/Madam

The said matter W.P. (C) No. 6640/2024 had come up today on 10/12/2024 and

pertains to the issue of increase of 83 Nos of PG seats for implementation of the

EWS reservations in the Medical Colleges in the State of Assam. The issue had

been earlier addressed in WP(C) No. 4822/2024 which was disposed of vide

Order dated 19/11/2024 by the Hon'ble Court and in that light.

However, the Director of Medical Education, Assam vide the communications

dated 21/11/2024 and 30/11/2024 sought the addition of 83 seats and not

implementation of those 83 seats which were given as a onetime increase vide

the LOP dated 27/02/2020 being letter No.MCI-23(1)(EWS)/2019-

Med/195914.

So, the NMC had given a onetime increase of 83 seats vide the aforesaid letter

No.MCI-23(1) (EWS)/2019- Med/195914 dated 27/02/2024, as per

direction of the Hon'ble Court the DME, Assam would send a rectified proposal

for increase/implementation of 83 number of seats which were already

increased vide the letter No.MCI-23(1) (EWS)/2019-Med/195914 dated

27.02.2020 to NMC as a onetime measure.

Kindly consider the same and provide necessary instructions in the matter.

Page No.# 15/21

Further, please provide clear instructions that the permission for 83 seats vide

the LOP dated 27/02/2024 was a onetime measure and for those 83 seats and

separate permission need not be sought every year for the implementation of

the 83 seats already increased as a onetime measure.

Copy of the petition, Order dated 10/12/2024 are annexed herewith for your

perusal. Please provide the instructions by 12:00 pm tomorrow i.e., 11/12/2024

as the matter is fixed at 2:00 pm on 11/12/2024.”

21. I have heard the learned counsels for the parties.

22. The two issues to be decided lies in a small compass. One of the issues to

be decided, is as to whether the 51 additional Post Graduate seats that had

been put up in the second round of counselling, could have been reserved

exclusively for the unreserved category candidates or should have been

distributed/allocated as per the Reservation Policy of the State. In terms of the

interim order dated 11.12.2024 passed by this Court in WP(C) 6640/2024, the

answer appears to be in the positive. However, there has been a further

clarification by this Court, vide order dated 19.12.2024 passed in WP ( C) No.

6812/2024, where it has been held as follows:

” The distribution of the 51(fifty one) seats in terms of the order dated 11.12.2024 in WP(C)

No.6640/2024 shall be subject to the outcome of this writ petition.”

23. The other issue is as to whether the 25 % increase of the total seats

would require an increase of 51 Post-Graduate seats or 83.

24. The admitted facts of the case is that out of the initial 342 Post Graduate

Page No.# 16/21

Medical seats under the State quota, 54 seats were reserved for in-service

Doctors, who had completed 5 years of rural service. As such, 288 Post-

Graduate seats/ courses/ subjects remained for allocation to the Post-Graduate

candidates. In terms of the Reservation Policy of the State of Assam, the

percentage of reservation for the different categories of reserved category

candidates, prior to the 103

rd

Constitutional Amendment, was as follows :

1) OBC - 27%

2) SC - 7%

3) ST(P) - 10%

4) ST(H) - 5%

5) UR -( unreserved category) – 51%.

25. In terms of the 103

rd

Constitutional Amendment, 10% posts were to be

reserved for EWS and the same was to be carved out from the unreserved

category quota, thereby leaving only 41% quota for the unreserved category.

However, to offset the reduction of seats to the various categories of

candidates, i.e. to safeguard the number of seats that were being enjoyed by

the various categories of candidates, including the unreserved category

candidates, various Notifications and Guidelines were issued by the Government

of India and NMC. Thus, a 25% increase of the total medical seats was to be

made in every Medical Institution. Accordingly, the total Post Graduate seats,

which is to include the 25% increase of seats, due to the implementation of the

10% EWS reservation quota, required the Reservation Policy of the State to be

applied to the total seats, including the 25% increased seats.

Page No.# 17/21

26. The first round of counselling was held on 18.11.2024, wherein only 288

seats were put up for allotment. The 25% increase of Post-Graduate seats was

not put up for alloment in the 1

st

round of counselling. This Court, in it’s interim

order dated 11.12.2024 passed in WP(C) 6640/2024, however directed that

there should be an increase of 51 Post-Graduate seats and the same should be

reserved for the unreserved category candidates. This increase of 51 seats was

not a part of the initial 342 seats which was reduced to 288 seats, after

deducting the 54 seats reserved under the State Health quota for in-service

Doctors. As such, the State respondents did not apply the Reservation Policy of

the State to these 51 additional Post-Post Graduate seats, which were put up for

consideration in the second round of counselling, which started on 12.12.2024.

This anomaly has occurred due to the interim order passed in WP(C)

6640/2024. The order dated 19.12.2024 passed in WP(C)/6812/2024 has

clarified the order dated 11.12.2014 passed in WP (C)/6640/2024 and held that

the 51 additional seats would be subject to the outcome of the writ petition.

This Court is of the view that the increased 51 seats would have to be allocated

as per the Reservation Policy of the State Government, or else the unreserved

category candidates would be eating into the reserved category seats.

27. The 25% increase of the total Post-Graduate seats, in terms of the

guidelines issued vide the letter dated 29.01.2019 by the Government of India,

Ministry of Health and Family Welfare, Medical Education Policy and the various

notifications/ communications made by the Central and State respondents,

show that the State Government had requested for an additional 83 Post-

Graduate seats and the same had been approved. In that view of the matter,

the said 83 Post-Graduate seats should be made available by the State

respondents and be distributed/ allocated, as per the reservation policy of the

Page No.# 18/21

State. The same cannot be reserved exclusively for a particular category of class

of persons.

28. The Letter No. MCI-23(1) (EWS)/2019-Med/195914 dated 27.02.2020

issued by the Board of Governors in supersession of the Medical Council of

India, shows that for the State of Assam, the requirement of increased seats

for implementation of reservation of 10% for EWS is 51 and the total seats

enhanced for AY 2020-2021 is 83 Post-Graduate seats.

29. A perusal of the Chart provided by the counsel for the petitioners in

WP(C) 6812/2024 shows that 288 seats were considered in the first round of

counselling instead of 288+83= 371 seats.

30. A perusal of the Chart also shows that there is no anomaly in the

allotment of seats, as 288 seats had been put out for allotment in terms of the

Reservation Policy of the State, after including the 10% EWS quota. However,

the additional 51 seats that were to be chosen in the 2

nd

round of counselling in

pursuance to the 25% increase of the total Post-Graduate seats, to implement

the 10% EWS reservation quota and which had been provided due to the

interim order of this Court were not made a part of the 1

st

round of counselling.

They were only included in the 2

nd

round of Counselling. The reservation of the

51 increased seats in the 2

nd

round of counselling exclusively for the unreserved

category was illegal and arbitrary. Besides, the same had to be a part of the 1

st

round of counselling , so as to maintain fairness to those candidates who were a

Page No.# 19/21

part of the 1

st

round of counselling. As the 25% increase of Post-Graduate seats

was to be made a part of 1

st

round of counselling, the same required that 83

seats and not 51 seats should have been made available. Thus, the remaining

83-51=32 seats, would also have to be made available by the State respondents

for counselling, for the aspiring Post-Graduate candidates.

31. The letter dated 28.11.2024 issued by the NMC states that the increase of

Post-Graduate seats to 83 is a onetime measure only, approved by the NMC and

that a letter for permission for 83 Post-Graduate seats has been given to the

State Government. In view of the letter dated 28.11.2024 issued by the NMC,

which has been submitted by the learned counsel for the NMC, the State

Government can and should put up 51 + 32= 83 Post-Graduate seats beyond

and above the 288 Post-Graduate seats for counselling. Accordingly, in view of

the 25 % increase of the total number of Post-Graduate seats under the State

quota, the distribution of the additional 51 + 32= 83 Post-Graduate seats,

would have to be made in terms of the reservation policy of the State. The

same would ensure that the more meritorious candidates can have a wider

range of subjects/ seats to choose from during the first round of counselling.

However, as the 51 + 32= 83 seats, after allocation as per the reservation

policy of the State, had not been made a part of the first and second round of

counselling, this Court is of the view that the entire counselling process should

be re-started with certain conditions, so that there is a level playing, which will

address the concerns of all the stakeholders.

32. In view of the reasons stated above, the State Government is directed to

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put up the 288 original State quota Post-Graduate seats, along with the 25%

increase of the State quota seats numbering 83 seats, i.e. 371 seats, for the 1

st

round of counselling. The said 371 seats should be allocated/ distributed in

terms of the reservation policy of the State for due implementation of the 10%

reservation for the EWS. Though this Court has directed that the first round of

counselling should restart, to enable the most meritorious candidates to have

the best choices of seats/ subjects, the choices already made by the Post-

Graduate candidates in the 1

st

round of counselling held on 18.11.2024 and for

which seats/ subjects/ courses have been allotted to the candidates, should not

be disturbed. However, the Post-Graduate candidates who have already been

allotted seat/course/subject in the 1

st

round of counselling shall be given an

option to further choose and be allotted another seat/ course/ subject, which

will be put up for the first time in the new 1

st

round of counselling to be held

pursuant to this order, due to the increase of an additional 83 Post-Graduate

seats. Only then, can the seat/ course/subject left behind by that candidate be

allowed to be chosen by another candidate in the new 1

st

round of counselling.

For example, if ‘A’ has already chosen and is allotted a seat/ course/ subject in

the first round of counselling held on 18.11.2024, the said allotment will remain

with ‘A’. However, as the various rounds of counselling are to be restarted after

allocating the additional 83 seats as per the reservation Policy of the State, ‘A’

can choose another seat/course/subject from the additional 83 Post-graduate

seats as per merit in the subsequent 1

st

round of counselling. If ‘A’ chooses and

is allotted a different seat/course/subject on merit, A’s earlier seat/

course/subject will be left open for the other candidates to choose and be

allotted the same. However, if ‘A’ does not choose any new seat/course/subject,

Order downloaded on 04-08-2025 10:06:07 PMPage No.# 21/21

‘A’s earlier allotment of the seat/ course/subject, in terms of the earlier 1

st

round of counselling held on 18.11.2024, shall remain with ‘A’. Thereafter, the

2

nd

round of counselling will start afresh. However, the selection/ allotment of

seats/ subject/ course to candidates in the second round of counselling held on

12.12.2024, onwards are hereby all set aside. The above direction has been

passed due to the fact that it is not known what seat/subject/course will remain

for the 2

nd

round of counselling, for the various categories of candidates. It has

also been submitted by the State Government Counsel that the last date of

joining in the college for the Post-Graduate courses is 28.02.2025. Accordingly,

keeping in mind the paucity of time, the State respondents are directed to

allocate/distribute the 371 Post-Graduate seats as per the Reservation Policy of

the State and restart the counselling as per the directions and observations

made in this judgment and order.

33. Both the writ petitions are disposed of accordingly.

JUDGE

Comparing Assistant