JUDGMENT

SEN, J.- Special leave granted.

2. Sanjay Ahlawat, the appellant herein, has challenged the validity of clause 3(i) of Chapter IV of the Prospectus for MD/MS/PG Diploma Entrance Examination, 1993 of Maharishi Dayanand University, Rohtak, on the allegation that the procedure for selection and admission of students to the Postgraduate Medical Course is arbitrary and discriminatory.

3. A written examination is held for the purpose of selection of candidates to the Postgraduate Medical Course. The merit list of the candidates is prepared in the following manner:

"3. Determination merit.

(i) Weightage for Graduate of Medical College,Rohtak--------10 Marks .

Or

Candidates who are residents/domicile of Haryana but-------- 5 Marks

have passed their MBBS from medical colleges outside Haryana provided the medical college is recognised by the M.C.I, and where admission was secured on the basis of open competitive test

(ii) Written Examination------------------------------------- 90 Marks"

4. Apart from the institute at Rohtak, there is no other medical college in the State of Haryana. Out of the total number of 94 seats available for admission to the Postgraduate Courses, 24 seats are reserved for students selected on all-India basis. The remaining 70 seats are allotted on the basis of the examination conducted for this purpose. Maharishi Dayanand University allows 10 extra marks to the candidates who have graduated from the Medical College at Rohtak. The medical graduates of other universities are at a disadvantage because of this rule.

5. Sanjay Ahlawat appeared in the entrance test conducted by the Maharishi Dayanand University for admission to MD/MS/PG Diploma/MDS course for the year 1993. He was placed at Sr. No. 76 in the merit list. He was asked to exercise his choice regarding the courses and subjects available on the basis of his position in the merit list. He was given admission to DOMS course on the basis of the option exercised by him at the time of interview.

6. The appellants grievance is that Anupma Huda, Ashwani Kumar and Rajnish Gupta, being Respondents 3, 4 and 5, were placed in the merit list at SI. Nos. 16, 17 and 38 respectively. The appellant was given 33 marks and placed at SI. No. 76 in the merit list. Respondent 3 secured 41 marks, Respondent 4 secured 42.75 marks and Respondent 5 secured 40.75 marksi after being given weightage of 10 marks. If the weightage is taken away, the marks secured by them would come to less than 33. The grant of 10 marks to the locally qualified students virtually amounts to shutting the doors of admission to Postgraduate Medical Courses to the students who have qualified from other universities. There is no chance of getting admission to Maharishi Dayanand Medical College in MS/MD course.

7. It has been stated by the Registrar of Maharishi Dayanand University, Rohtak, in his counter-affidavit to the special leave petition, that the admissions are made strictly on the basis of merit. There is a rule for granting weightage of 10 marks to the candidates, who are graduates of Medical College, Rohtak. The main reason for this rule is that there is only one medical college in the entire State of Haryana. There is shortage of doctors, in particular specialist doctors in Haryana. The number of doctors employed in the Government Health Services is 1606 even though the sanctioned strength is 1961. Out of total strength of 588 specialist doctors, only 342 posts have been filled up. Therefore, some preference has to be given to the local graduates, so that they may qualify and serve the State. The weightage, that is given to the products of the local college, is mainly for the reasons stated hereinabove.

8. It has been most emphatically denied that granting 10 additional marks to the local graduates has, in fact, ensured 100% reservation for the State. A list of successful candidates who have graduated from institutions other than Rohtak Medical College, has been given for the sessions commencing in 1