IMPORTANT POINT
The moment some seats in the private medical and dental colleges or institutions come to the State quota, which have to be filled up by the State or its instrumentality or its agency, the scheme laid down in Dr. Dinesh Kumar based on Dr. Pradeep Jain becomes applicable.

JUDGMENT

A.K. PATNAIK, J. –

This batch of writ petitions under Article 32 of the Constitution relates to admissions in Post Graduate Medical Dental courses in Government medical and dental colleges as well as in the State Quota in private medical and dental colleges in the State of Karnataka.

2. The petitioners claim that they were selected on the basis of common entrance tests conducted by the CBSE or by the authorities of the State Government or by the association of private medical and dental colleges in the State of Karnataka and admitted into the MBBS/BDS courses in different Government or private medical and dental colleges and after completing their MBBS/BDS courses were keen to get admitted into Post Graduate medical or dental courses in the year 2014.

3. The National Board of Examinations issued two Information Bulletins for Post Graduate Entrance Test, 2014 (for short ‘the PGET-2014’) for admissions to the State Quota seats in Karnataka Government Colleges and Institutions and Karnataka Government Quota seats in private colleges/institutions/deemed universities. One Bulletin contained all information for admission to MD/MS/Medical Post Graduate Diploma Courses (Medical) and the other contained all information for admission to MDS/PG Diploma Courses (Dental). Clause 2 of these Information Bulletins lays down the criteria for PGET-2014. Clause 2.1 of these Information Bulletins for PGET-2014 provides that no candidate shall be admitted to a professional educational institution unless the candidate possesses the qualifications or eligibility to appear for the entrance test stipulated thereunder. The said clause 2.1 of the two Information Bulletins, which is identically worded for admissions to Post Graduate Medical and Post Graduate Dental Courses, is extracted hereinbelow:

2.1. No candidate shall be admitted to a professional educational institution unless the candidate possesses the following qualifications or eligibility to appear for the Entrance test namely: a. He is a citizen of India who is of Karnataka origin and has studied MBBS/BDS degree in a Medical/Dental college situated in Karnataka or outside Karnataka, and affiliated to any university established by law in India recognized by Medical Council of India and Government of India.

Explanation: “A candidate of Karnataka Origin” means a candidate found eligible under clause (i) or (ii) below, namely:

i. A candidate who has studied and passed in one or more Government recognized, educational institutions located in the State of Karnataka for a minimum period of TEN academic years as on the last date fixed for the submission of application form, commencing from 1st standard to MBBS/BDS and must have appeared and passed either SSLC/10th standard or 2nd PUC/12th standard examination from Karnataka State. In case of the candidate who has taken more than one year to pass a class or standard, the years of academic study is counted as one year only.

Documents to be produced, namely:

1) SSLC or 10th Standard Marks Card;

2) 2nd PUC of 12th Standard Marks Card of the candidate;

3) Candidates Study Certificate: A study certificate from the Head of educational institution where he or she had studied. Further, School Study Certificates should be counter signed by the concerned Block Education Officer (BEO)/Deputy Director of Public Instructions (DDPI) COMPULSORILY in the proforma prescribed;

4) Qualifying degree certificate and all phases marks card;

5) Domicile certificate issued by the Tahsildar in the prescribed proforma (Annexure-I); and if claiming reservation benefits: Caste/Caste Income Certificate issued by Concerned Tahsildar – For SC/ST in Form-D, Category-1 in Form-E and 2A, 2B, 3A and 3B in Form F.

6) MCI/DCI State Council Registration Certificate.

7) Attempt Certificate issued by the concerned college Principal.

ii. The candidate should have studied and passed 1st and 2nd years Pre-University Examination or 11th and 12th standard examination within the State of Karnataka from