The petitioners' challenge to the admission process for the Post Graduate Degree and Diploma Courses was barred by laches as they were aware of the eligibility criteria and acted upon it after a period of one year. The court also found that the criteria adopted by the respondents to assess the comparative merit for the Academic year 2016-17 for the Post Graduate and Diploma Courses was not invalid or ultra vires the MCI Regulations and the Admission Rules of 2004.

PER F.M. REIS, J.

Heard Mr. S. D. Lotlikar, learned Senior Counsel appearing for the petitioners, Mr. V. Rodrigues, learned Government Advocate appearing for the respondents No.1 and 2, Ms. A. Kamat, learned Counsel appearing for the respondent No.3 and Mr. S. S. Kantak, learned Senior Counsel appearing for the intervenors.

2. The above petition, filed by five petitioners on the ground that have successfully passed the MBBS Degree Examinations and are eligible for seeking admissions to the Post Graduate Degree and Diploma Course of the Goa University, at the Goa Medical College, Bambolim. The petitioners have, inter alia, prayed for a direction that AIPGMEE, 2016 be cancelled and admissions to the Post Graduate Degree and Diploma Courses 2016-17 be conducted on the basis of the Goa (Rules for Admission to Post-graduate Course of the Goa University at the Goa Medical College) Rules, 2004 (“Admission Rules 2004” for short) at Exhibit A. In the alternative, to issue an appropriate writ, order or direction, directing that the implementation of the All India Post Graduate Medical Entrance Examination 2016 (AIPGMEE) should not be governed in so far as admissions to the Post Graduate Diploma Course 2016 are concerned. The petitioners have also sought for a relief that admission Norms as contemplated by the Amendment of 2015 be struck down or in the alternative, it be liable to be directed that they should not be made applicable to the admissions for the year 2016-17.

3. Briefly, the facts of the case, as stated by the petitioners, are that each of petitioners were admitted to the MBBS Decree Course consisting of three examinations which are described as First Year, Second Year and Third Year MBBS Examinations. After they successfully completed the MBBS Degree Course, somewhere in the year 2014 they are undergoing their Compulsory Internship which would extend till the end of February, 2016. It is further their case that they are, as such, eligible for admissions to the Post Graduate Degree and Diploma Courses of the Goa University, at the Goa Medical College at Bambolim for the Academic year 2016-17. It is further their case that from the Academic Year 2004-05, admissions to the Post Graduate Degree and Diploma Courses of the Goa University, at the Goa Medical College are regulated by the Admission Rules 2004 which were later amended in the year 2005. It is further their case that save and except during the year 2013-14 when there was confusion in the matter of determining the basis for admission to the Post Graduate Degree and Diploma Course of Goa University at the Goa Medical College, as to whether it should be NEET Post Graduate 2013, which later came to be quashed by the Honourable Supreme Court, by Judgment dated 18th July, 2013, or they should be governed by such Rules framed by the State Government. After the confusion of NEET was over, the Government of Goa continued granting admissions to the Post Graduate Degree and Diploma Courses of the Goa University at the Goa Medical College, on the basis of the Admission Rules 2004. It is further their case that when the petitioners got themselves admitted to the MBBS Degree and Diploma Courses of the Goa University at the Goa Medical College in the year 2010, they were aware and conscious of the fact that future prospects in their career, namely their chances of securing the admission to the Post Graduate Degree and Diploma Course of the Goa University at the Goa Medical College would be dependent on their performance in the First, Second and Third Year MBBS Examinations. It is further their case that on these legitimate expectations they had done all that was necessary for them to ensure their admissions to the Post Graduate Degree and Diploma Courses of the Goa University at the Goa Medical College. It is further their case that they were shocked that in the month of August, 2014, a Circular dated 1st August, 2014, was issued by the Additional Secretary (Health), Governme