Alok Sharma, J.

Excluded from the provisional merit list of 11-6-2018 for admissions in Rajasthan by the college of Physicians and Surgeons (CPS) to its 2 year diploma courses, 2017 the petitioners have filed this petition praying that it be held that they are eligible and hence be considered for admission to CPS-PG diploma courses 2017 in order of their merit on the about 100 vacancies admittedly obtaining for in-service candidates, as they admittedly are.

2. The State of Rajasthan through the Director, Medical and Health Services entered into a Memorandum of Understanding (MOU) with CPS Mumbai on 23-12-2015 to facilitate MBBS graduates registered with the Medical Council of Rajasthan to acquire additional qualifications of Post Graduate Diplomas recognized by the Medical Council of India (MCI). As per condition No.5 of the MOU 50% of the admissions to various diploma courses were to be filled in from amongst in-service doctors and the remainder from private MBBS doctors. The diploma awarded by CPS were to be included in the schedule appended to the Rajasthan Medical Council Act, 1952 (hereafter 'the Act of 1952').

3. The Ministry of Health and Family Welfare, Department of Health & Family Welfare, Government of India issued a notification dated 17-10-2017 in the exercise of powers conferred by subsection 2 of Section 11 of the Indian Medical Council Act, 1956 (hereafter 'the Act of 1956') stating that the Central Government under consultation with the MCI had included by way of amendment in the first schedule of the Act of 1956 several broad Specialty Diploma Courses (two years courses at the post MBBS level) granted by the CPS Note-1 to the Notification specified that all admissions to CPS-PG-diplomas would be through NEET-PG-2017, centralized counseling and as per Government policy from time to time. It was thus universal knowledge that without NEET-PG-2017, which was only a ranking and qualifying examination, admissions to CPS PG Diploma courses were not permissible.

4. Pursuant to the MOU dated 23-12-2015, CPS on its part issued an advertisement also dated 11-10-2017 for admission to its various two year diplomas and three year Fellowship Arrangements in the State of Rajasthan. Clause 3 of the admission brochure set out the eligibility criteria. Clause 3.3 thereof provided that "Selection shall be based strictly on NEET-PG-2017 score. Clause 7.1 interalia provided that the general merit list "shall be prepared on the basis of NEET-PG-2017 score".

5. The Information booklet for NEET PG 2017 under clause 3 clearly states it to be only a qualifying-cum-ranking examination which would create no automatic right to secure admission to a post graduate medical course, degree or diploma. It states that admissions would be subject to fulfilling admission criterion prescribed for particular courses by the respective university, medical institutions, State/Central Governments. Results of NEET-PG-2017 were declared. On 13-1-2017 the qualifying percentile as per information bulletin for the general category candidate was declared as 50 and the corresponding cut off for admission to MD/MS courses at 705.9194. Subsequently vide notification dated 25-5-2017 issued by the National Board of Examination, the Examining Body for NEET-PG-2017, it was revised to 42.5 qualifying percentile for general category students, with a corresponding cut off mark of 667.4111.

6. The petitioners admittedly have not qualified the NEET-PG2017 and as per their mark-sheet of the said examination they have not been ranked and have categorically been stated to be "not eligible". Yet they having applied for admission to CPS PG Diploma courses pursuant to CPS notification also dated 17-10-2017 did not find place in the provisional merit list dated 11-6-2018. Hence they have approached this Court with prayers recorded in the opening of this judgment.

7. Mr. Vigyan Shah, counsel for the petitioners submitted that the petitioners having written the NEET-PG-2017, sec