JUDGMENT

22.11.2024 Chakradhari Sharan Singh, CJ.

The State of Odisha in the Department of Health and Family Welfare has framed Post-Graduate (PG) (Medical) Selection Odisha “Guidelines for counseling and admission of candidates for Post- Graduate (Medical) & Post-MBBS NBEMS Diploma Courses in Government and private Medical Colleges of the State 2024-25” (the Guidelines for short). As manifest from its nomenclature, the Guidelines lay down the procedure for counselling and admission of candidates for PG (Medical) Courses in various Medical Colleges in the State of Odisha. Since Clauses-F, G and H of the said Guidelines are at the core of the controversy, it is deemed fit to reproduce them at the very outset:

“F. ELIGIBILITY To be eligible a candidate must have passed MBBS from any MCl/NMC recognized institution / equivalent and must have the following criteria:

1. A candidate must be a permanent resident of Odisha.

OR A candidate of outside state but passed MBBS from any Govt Medical College of Odisha, who was admitted under 15 % All India Quota seats.

2. Must have qualified in NEET PG of current year, securing the qualifying marks as prescribed by MCI/NMC

3. Must have completed one year