2001 Supreme(Raj) 1845
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Shiv Kumar Sharma, J.
Dr. Ramji Sharma and others - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Civil Writ Petition No. 2375 of 2001.
Decided On : 3-10-2001
For the Petitioner:Mr. Ajay Rastogi, Mr. Rajendra Prasad and Mr. Dinesh Kumar Garg, Advocates.
For the Respondent:Mr. Paras Kuhad, Mr. R.N. Mathur, Addl. Advocate General, Mr. A.K. Bhandari, Sr. Advocate with Mr. Ashok Gaur, Mr. R.D. Rastogi, Mr. Manjit Kaur, Mr. Pancham Surana, Mr. A.K. Bhargava and Mr. P.K. Sharma, Advocates.
Headnote:
Post Graduate Medical Regulations 2000, Regulation 9 - Rajasthan University Ordinances, Ordinances 278-E and 278-G - Regulation 9 applies only to the students in general category -it does not apply to service medical officers - both are distinct classes-33% marks is the minimum eligibility criteria for admission to P.G. Courses -petitioned can not get away from his action.
JUDGMENT
1. - Postgraduate Medical Regulations, 2000(for short 2000 Regulations') were made by the Medical Council of India (for short MCI) in exercise of powers conferred under Section 33 read with Section 19A of the India Medical Council Act, 1956 and on their publication in the Gazette of India on October 7, 2000 they came into force. Regulation 9 provides that students for Postgraduate Medical Courses shall be selected strictly on the basis of their academic merit and whenever entrance test for Postgraduate admissions is held by a State Government or a University or any other authorised examining body, the minimum percentage of marks for eligible for admission to post graduate medical courses shall be 50% for all the candidates.
2. For the purpose of making admission against specified number of seats in different P.G. Courses conducted at different medical colleges in the State of Rajasthan, selection exercise was set into motion on March 23, 2001 by the University of Rajasthan. The procedure and criteria for holding the selections was laid down in a document titled "Instructions for the guidance of the candidates regarding Pre-PG, entrance examination 2001 for admission to M.D/M S. Diploma Courses". Securing 33% marks in the entrance test was prescribed as minimum eligibility criteria.
3. The writ petitions bearing Nos. 2375/2001 and 2363/2001 and 3172/2001, involved a challenge to the decision of University of Rajasthan holding candidates qualified on the basis of 33% minimum pass marks for qualifying Pre-PG Entrance Test in terms of Clause 5 of the Instructions issued under Ordinance 278-E and 278-G of Rajasthan University Ordinance.In Writ Petition No. 3172/2001 additional prayer is made to declare illegal and unconstitutional the condition of reservation of certain classes/categories incorporated in Clause (1) of the Instructions. Whereas the petitioners in Writ Petition No. 2555/2001 seek to quash the condition appearing in Ordinance 278-E and Ordinance 278-G and the Instructions for the guidance of the candidates regarding Pre-PG Entrance Examination 2001" made and issued by the University of Rajasthan providing for conversion of seats reserved in favour of the service doctors into general seats.
4. Indisputably all the petitioners have appeared in the Pre- PG Entrance Examination, 2001 (for short the Entrance Examination) held by the University of Rajasthan on April 29, 2001. The result of the said examination was declared on April 30, 2001 an all the petitioners were declared qualified. The Convenor, Central P.G. Admission Board and Principal & Controller of SMS Medical College, Jaipur issued Notification on May 5, 2001 inviting the qualified candidates for counselling.
5. Grievance of the petitioner in Writ Petition No. 2375/2001 is that no authority in the State of Rajasthan is competent to prescribed minimum pass marks less than what has been prescribed by MCI as such declaration of result and holding candidates qualified on the basis of 33% minimum pass marks for qualifying Entrance Examination in terms of Clause 5 of the Instructions issued to the candidates which has been considered to be a condition of eligibility for admission in Post Graduate Course under Ordinance 278-E and 278-G is illegal and only such candidates are entitled to be called for counselling who have secured minimum 50% pass marks in the Entrance Examination.
6. Contention of the petitioner in Writ Petition No. 2363/2001 is that she passed the Entrance Examination with 67.67% marks and was called to appear before the Central P.G. Admission Board for consideration of her candidature for admission and allotment of seat/speciality. But due to lowering down the eligibility percentage upto 33%, several candidates in reserved category who otherwise do not qualify as per 2000 Regulations' have become eligible for filing the reserved category seats and due to which the candidates of general others category are likely to have uncalled for tough competit
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