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2001 Supreme(Raj) 1845

SHIV KUMAR SHARMA
Dr. Ramji Sharma – Appellant
Versus
State of Rajasthan – Respondent


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.

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/








































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