BY THE COURT

This writ petition pertains to admission in PG Medical Courses.

The Rajasthan University of Health Sciences (In short “the RUHS”) issued Notification on 30.10.2012 for Pre-PG Medical/Dental Entrance Examination of 2012. The petitioner No.1 and 2 participated in the entrance test and secured 1028 and 1000 marks respectively. They secured 85.66 percent and 83.33 percent marks.

The Convener Pre P.G. Medical Examination RUHS issued a notification on 02.04.2011 for first round of counselling for admission in PG Course. The petitioners participated in the counselling but surprised to notice that Mahatma Gandhi Medical College has not been included in the first counselling. The Mahatma Gandhi University of Medical Sciences & Technology (In short Mahatma Gandhi University) issued a separate advertisement on 27.05.2011 inviting application in prescribed form for admission in PG Courses, though the schedule date to hold entrance test to fill state quota had already expired. The advertisement to fill-up management quota was, however, issued by the said medical college as per Schedule. The respondent Mahatma Gandhi University thus issued advertisement dated 27.05.2011 de hors the direction of Hon'ble Apex Court and schedule fixed for admission in PG Medical Courses. It was moreso when Mahatma Gandhi university was not included by the UGC in the list of the Universities, thus it was not even recognized by the UGC on the date of issuance of advertisement.

The advertisement for making admission at the level of University itself was otherwise in violation of judgment of Hon'ble Apex Court in the case of Islamic Academic of Education Vs. State of Karnatka reported in (2003) 6 SCC 697 and P.A.Inamdar Vs. State of Maharashtra reported in (2005) 6 SCC 537.

The Hon'ble Apex Court has given schedule for admission to PG Course but respondent Mahatma Gandhi University violated it also and filled the seats in their own manner without holding test. It was to favour relatives of high-ups, which includes Minister of Higher Education (Medical Education) of State of Rajasthan, Vice Chancellor of Rajasthan University of Health Sciences and even wards of Central Ministers and other high-ups in a clandestine manner. It was at the cost of those, who were meritorious like the petitioners. One Dr. Rajshree Singh is closely related to Minister of Higher Education, Government of Rajasthan, Dr. Aslam Nagra is brother-in-law of Dr. R.B. Panwar, Vice Chancellor of Rajasthan University of Health Sciences, Dr. N.N. Meena is relative of Central Minister, Dr. Ankur Poonia is son of Principal of Mahatma Gandhi Medical College. They all were given admission in PG Course by self managed affairs of Mahatma Gandhi university. In fact, the Mahatma Gandhi Medical College & Hospital and now the University are known for violation of judgment of Supreme Court so as the Regulations made by Medical Council of India. The petitioners have thus challenged the criteria for PG admission and giving admission to those, who could not find place in merit in the entrance test conducted by the Rajasthan University of Health Sciences. The petitioners thus preferred this writ petition immediately after giving notice for demand of justice.

It is further stated that on 10.07.2012, this Court passed an order directing the petitioner to amend the cause title so as to implead Mahatma Gandhi university as a party respondent as advertisement at Annex.7 was issued by the Registrar of said University. The amended cause title was thus filed and taken on record. Learned counsel for the petitioners have prayed for grant of relief to the petitioners apart from sending the matter to CBI for causing investigation or pass any other appropriate order.

Learned Senior Advocate Mr. S.P. Sharma assisted by Mr. Gaurav Sharma appearing for the Mahatma Gandhi Medical College & Hospital and University raised preliminary objection regarding maintainability of the writ petition. It is on the ground th