JUDGMENT

Jayant Nath, J. - This writ petition is filed by the petitioners seeking the following reliefs:-

"(i) DECLARING policy of Respondent No. 1 University of allocating entire 50% State Quota of Post Graduate Medical College seats to MBBS graduates from colleges affiliated only to itself by way of ''Institutional Preference'' as violative of Article 14 of the Constitution and being without authority of law;

(ii) DIRECTING Respondent No. 1 University to amend its Admissions Guidelines / Brochure for Academic Year 2020-21 without reserving entire 50% State Quota only for graduates of colleges affiliated to itself by way of ''Institutional Preference'', as was done in previous Academic Years and allowing HIMSR MBBS Graduates in the State-wise Merit List;

(iii) DIRECTING Respondent No. 2 State Government to frame appropriate guidelines to ensure that all MBBS students from State and Deemed Universities in Delhi are given adequate opportunity to avail of 50% State Quota in Post Graduate Medical Courses on the basis of State Wide Merit List, that includes HIMSR students, and no University is permitted to monopolise entire State Quota only for its own students;"

2. The petitioners are MBBS graduates and students from Jamia Hamdard University/respondent No. 4 which is said to be an institute of eminence which offers courses at undergraduate, postgraduate and postdoctoral level in medical and allied subjects. The undergraduate course for the first batch of MBBS students started in July 2012 and the students passed out in 2017.

3. It is further pointed out that admission to postgraduate medical courses in India is made from two sources: (i) 50% seats are filled up on the basis of the marks obtained in NEET in which medical graduates from across the country are eligible to appear and (ii) 50% seats are filled up on the basis of rules to be framed in accordance with the law by the State Government or appointed authority limited to students who have appeared in NEET which is also called "State Quota". It is stated that the present writ petition relates to "State Quota". It is further pointed out that a question arose that whether "Institutional Preference", namely the right of an institution offering postgraduate courses to reserve such seats for undergraduate students from colleges affiliated to itself, can be permitted to be exercised while deciding manner of allocation of 50% seats of State Quota. It is further pointed out that following the judgments of the Supreme Court in the case of Saurabh Chaudri v. Union of India , (2003) 11 SCC 146 and Yatinkumar Jasubhai Patel v. State of Gujarat , (2019) 13 Scale 523 , it is now settled that even after introduction of NEET, the State Government or its appointed Authority has the power to reserve the entire 50% State Quota on the basis of Institutional Preference. However, it is pleaded that following well established constitutional princ