JUDGMENT

Rajendra Babu, J.-The petitioners in these cases claim to hail from Delhi and have completed MBBS course from colleges situate in different parts of the country. They state that they passed entrance examination held by the concerned Governments of the States in which the colleges situate or the entrance test conducted by such colleges; that the classmates of the petitioners who situated in Delhi and continued their study in the medical courses also in one or the other medical college have an advantage over the petitioners as they are being considered for admission to PG medical courses in Delhi University by providing for institutional preference. The Delhi University has prescribed the conditions for admission as follows:-

"Requirement for admission to Post-Graduate Degree Courses :

(A) 1. Candidate must have completed satisfactorily one year of compulsory rotating internship after passing the final M.B.B.S. examination from the University of Delhi on or before 31.3.2001 and must have full registration with the State Medical Council/ Medical Council of India.

2. The candidate who has passed the MBBS examination from a University other than Delhi University, having been allotted to the same under the 15% All India Quota by the Director General of Health Services would also be eligible if he/she is permanent resident of the National Capital Territory of Delhi, (The proviso has been incorporated as per the direction of the Hon ble Supreme Court in Dr. Parag Gupta s case and is subject to further order of the Hon ble Supreme Court) and if he/she also fulfills all the following three conditions:-

(i) He/She has passed 10+2 examination from National Capital Territory of Delhi.

(ii) He/She is a permanent resident of the National Capital Territory of Delhi.

(iii) He/She has passed the MBBS examination from a University other than Delhi University, having been allotted to the same under the 15% All India Quota by the Director General of Health Services if he/she is permanent resident of the National Capital Territory of Delhi.

Note: (i) A candidate must produce any one of the following documents to prove his/her permanent residence in the National Capital territory of Delhi :

(a) Ration Card

(b) Voters Identity Card

(c) Passport

(d) Driving License

(ii) The candidate must submit documentary proof for serial No. (i) & (iii)."

2. There are similar rules in the State of Uttar Pradesh and the contentions raised by some of the petitioners who hail from Uttar Pradesh are identical.

3. After decision in Dr. Parag Gupta v. University of Delhi & Ors.1, various States have adopted different criteria of reservation which may be tabulated as follows:-

1. Delhi Institutional Residence (15%)

2. Gujarat Institutional

3. Maharashtra Institutional

4. U.P. Institutional Residence (15%)

5. West Bengal Institutional

6. Assam Residence

7. Goa Residence

8. Karnataka Residence

9. Tamil Nadu Residence

10. Haryana Institutional or Residence

11. H.P. Institutional or Residence

12. Kerala Institutional or Residence

13. M.P. Institutional or Residence

14. Orissa Institutional or Residence

15. Punjab Institutional or Residence

16. Rajasthan Institutional or Residence

17. Bihar Institutional or Residence

18. Pondicherry 25% all-India quota + 37.5% institutional of available seats + 37.5% of available seats open.

4. The contention put forth before us is that different criteria adopted by different States