IMPORTANT POINT
(1) A preference to one attached to one university in its own institutions for post graduate or technical training is not uncommon and such a system for that reason alone is not to be condemned as discriminatory, particularly, when admission to such a university is not precluded by any restrictive qualifications, such as birth or residence, or any other similar restriction.
(2) So long as there is no discrimination within each of sources of selection for admission, such preferences cannot be held to be illegal. Such classification has a reasonable nexus with object of the rules viz. to cater to the needs of candidates who would naturally look to their own university to advance their training in technical, and medical studies.

R. Subhash Reddy, J.

1. This petition under Article 226 of the Constitution of India is filed by the petitioners who have completed their M.B.B.S. course and/or undergoing their Internship Programme challenging the vires of Rules 2, 3, 4.1 and 4.3 relating to admission to the Post Graduate Medical Courses framed by Respondent No.3 – Gujarat University. 3rd Respondent – University is a body constituted under the Gujarat University Act, 1949. Aforesaid impugned Rules are framed in exercise of powers under Section 39 read with Section 32 of the Gujarat University Act, 1949 for the purpose of governing admission to Post Graduate Courses. Said Rules 2, 3, 4.1, 4.2 and 4.3 read as under :-

“2. As per directive of Hon'ble Supreme Court of India, New Delhi, 50% of total available seats in Academic year in various post graduate degree and diploma courses in each subject in Government Institution/Colleges will be filled up as a All India Quota Seats as per All India 50% quota rank by competent authority. The remaining seats will be available for the candidates passing from Gujarat University in accordance Rule 4.1. The student passing from other statutory Universities within Gujarat State will be considered as per their merit in accordance with Rule 4.3.

3. Remaining 50% (or more) of total seats after Rule 2.0 (and Rule 2.1) in post graduate courses will be filled up by the “Admission Committee” of University.

4.0. Selection : Selection of candidates eligible under Rule 1 for seats under rule 3.0 will be done category and status wise on the basis of merits as laid down herein further.

4.1. Preference shall be given to candidates graduating from Gujarat University

4.2. Deleted.

4.3. After the merit list prepared under Rule 4.1 is exhausted the candidates graduating from any other University located in Gujarat State will be considered.”

2. As per aforesaid Rules, 50% of the total available seats in the academic year in various Post Graduate Degree and Diploma courses in each subject in Government Institution/Colleges will be filled up as All India Quota Seats by competent authority and remaining seats will be filled up in accordance with Rule 4.1 of the Rules of the University. As per Rule 3 of the Rules, remaining 50% of the total seats in Post Graduate Courses will be filled up by the “Admission Committee” of University. As per Rule 4.1 of the Rules, preference is provided to the candidates graduating from Gujarat University. As per Rule 4.3 of the Rules, after merit list prepared under Rule 4.1 is exhausted, candidates graduating from any other University located in Gujarat State will be considered.

3. The case of the petitioners is as under :-

3.1. In this petition, it is the say of the petitioners that National Eligibility Entrance Test (NEET) is designed to ensure that except merit there is no other criteria for making admission to Post Graduate and Under Graduate courses. It is stated that the petitioners who are students seeking to secure admission to Post Graduate Courses are affected by impugned Rules.

3.2. In the petition it is stated that impugned Rules are ultra vires in view of various judgments of the Hon'ble Supreme Court and also violative of the Indian Medical Council Act, 1956 and the Post Graduate Medical Education Regulations, 2000 framed under the Indian Medical Council Act.

3.3 It is stated in the petition that in the State of Gujarat there are various colleges imparting education in Post Graduate Medical Courses in Medical faculty affiliated to various Universities throughout the State. Out of total number of seats for Post Graduate Medical Courses available in each of the colleges, 50% of the seats are reserved for students of All India Quota and remaining seats are for State Quota. In the 50% of State Quota, normal practice was that each University/Institution would hold its own separate entrance examination and allocation of seats in these institutions was on the basis of their own students getting priority in adm