Judgment Dalip Singh, J.-In these writ petitions, the candidature of the petitioner for appearing at the Pre-P.G. Entrance Examination, 2006 has been rejected primarily on account of the fact that petitioners are not eligible in terms of the eligibility criteria laid down for admission for General (Non-Service) candidates. The said criteria is contained in Para (V) Category (B) of the Instruction Booklet for the Pre-P.G. Medical Examination, 2006 issued by the University of Rajasthan. The same reads as under:-"(V) For General (Non-Service) Candidates:-Candidates must fulfill the criterion for eligibility in one of the three categories listed below:-Category A: The Candidate must have passed final M.B.B.S. Examination from the University of Rajasthan. Category B: Candidate (i) is a bona fide resident of State of Rajasthan, (ii) was admitted to a Medical College; through All India Competitive Basis i.e., through Pre-Medical Test conducted by any Government (Central/State) agency, and (iii) has passed the Final M.B.B.S. Examination from the Medical College recognized by the Medical Council of India. The candidate must submit an attested copy of the Bona fide Resident Certificate in support of (i) above from competent authority of Government of Rajasthan. The candidate must submit the certificate in support of (ii) and (iii) above from the Principal of the Medical College in the format specified in the Application Form. Category C: Female Candidate who is married to a Bona fide Resident of State of Rajasthan and has passed the Final M.B.B.S Examination from the Medical College recognized by the Medical Council of India. Such candidate must submit an attested copy of the Bona fide Resident Certificate of her husband and an attested copy of the Marriage Certificate issued by the competent authority." 2. Since, the common question has been raised, these petitions are being decided together. However, a few salient features in the case of each of the candidates may be noted. In S.B Civil Writ Petition No. 972/2006 filed by Dr. Bhaskar Choudhary, the petitioner was admitted to Shri Ramchandra Medical College and Research Institute (Deemed University), Porur, Chennai in Tamil Nadu. The said Medical College is also a deemed university. Similarly, in S.B. Civil Writ Petition No. 1559/2006 filed by Dr. Dhruv Sharma, the petitioner was admitted to the same institution Shri Ramchandra Medical College and Research Institute (Deemed University), Porur, Chennai.
The said Medical College is also a deemed university. Similarly, in S.B. Civil Writ Petition No. 1559/2006 filed by Dr. Dhruv Sharma, the petitioner was admitted to the same institution Shri Ramchandra Medical College and Research Institute (Deemed University), Porur, Chennai. In the case of both the petitioners, they were not admitted for the M.B.B.S Course to the aforesaid institute by means of All India Competitive Examination conducted by the Government of India or by the State Government but on the basis of an entrance examination held by the institution itself which is a private institution. 3. So far as S.B. Civil Writ Petition No. 1536/2006 filed by Ms. Maneesha Bhargava is concerned, she did her M.B.B.S from Santosh Medical College Hospital affiliated with Choudhary Charan Singh University, Merrut. The aforesaid institution is also a private institution and the petitioner was admitted, as was submitted by the learned Counsel for the petitioner Shri Surana under the management quota of the aforesaid institution. Thus, the admission of the petitioner to the private Medical College was also not on the basis of All India Competitive Entrance Examination for the M.B.B.S. Course. 4. In S.B. Civil Writ Petition No. 1386/2006 filed by Dr. Gargi Mathur, the petitioner was admitted to the Medical College of Manipal Academy, Mangalore in Karnataka which is a private institution, though a deemed University but not by means of All India Combined Competitive Examination conducted by the Central Government or the Statement or its agency. 5. In S.B. Civil Writ Petition No. 1516/2006 filed by Savita Meena and five other petitioners, the petitioners are candidates belonging to SC/ST Category, who did their M.B.B.S Course from Lady Hardinge Medical College, New Delhi. They were admitted to the said Medical College having passed the Per-Medical Test conducted by the Delhi University. It is submitted in the case of these petitioners that the general instructions, for the admission of the M.B.B.S Course laid down by the University of Delhi (Faculty of Medical Science), have provided in Para 4.3 that female candidates belonging to SC Category, ST Category, and CWWAPP Category who have passed the qualifying examination from Indian Universities/Boards or Foreign Universities/Boards are eligible for admission to Lady Hardinge Medical College only against the seats reserved for these categories, subject to their fulfilling the prescribed conditions.
It is submitted that under Para 4.3 in Lady Hardinge Medical College, New Delhi there are reserved seats for female candidates of the aforesaid Category, to which the petitioners belong and the admissions to the same are on the basis of All India Selection in contrast to the provisions contained in Para 4.2 where the candidates who have passed the qualifying examinations from the schools situated within the National Capital Territory of Delhi alone are eligible. It is, however, not in dispute that these petitioners also did not seek admission to the M.B.B.S. Course on the basis of the All India Combined Competitive Entrance Examination conducted for M.B.B.S Course by the Central Government. 6. It is on account of the aforesaid reasons that petitioners not having been found to be eligible, their candidatures were rejected for admission to the Post Graduate Course under Pre-P.G. Examination 2006. 7. Learned Counsel for the respondents, on the other hand, submitted that under the Scheme for admission under Para 1 (a) of the Instructions it has been provided that there would be reservation for admissions to M.D./M.S./Diploma Course for the seats to be filled in as per the allocations made by the Director General of Health Services, Government of India, New Delhi on the basis of the result of All India Competitive Entrance Examination for admission to the P.G. Course on open merit, as per the directions of Honble Supreme Court. It is submitted that having identified the quota for admissions to the Post Graduate Course of All India Competitive Entrance Examination which is open to all the candidates, the respondents have provided under Para (V) Category (B) the eligibility criteria for the candidates who are Bona fide Residents of Rajasthan and who are admitted to the Medical Colleges through the Combined Competitive Entrance Examination conducted by the Central/State Government and who passed the M.B.B.S. Examination from the Medical Colleges recognized by the Medical Council of India. It is, thus, contended that the petitioners do not qualify in Category (B) as has been stated above and as they were informed that they have not been admitted to the M.B.B.S. Course on the basis of All India Combined Competitive Entrance Examination conducted by the Central/State Government. 8.
It is, thus, contended that the petitioners do not qualify in Category (B) as has been stated above and as they were informed that they have not been admitted to the M.B.B.S. Course on the basis of All India Combined Competitive Entrance Examination conducted by the Central/State Government. 8. Learned Counsel for the petitioners have submitted that the institution from where the petitioners have passed the M.B.B.S. Course are all recognized by the Medical Council of India and, as such, there is no difference as to from which Medical College these petitioners who are all Bona fide Residents of Rajasthan have passed their M.B.B.S. Course. It is submitted that on the basis of the requirement of having passed the M.B.B.S. Course from the Medical College in Rajasthan, there is a provision for institutional preference which is contrary to the law laid down by the Honble Supreme Court. 9. So far as the above submission is concerned, in my view, the instructions issued by the University of Rajasthan which provides for the eligibility clearly spell out that there is a separate provision for admissions to the Post Graduate Courses of the Medical Colleges in Rajasthan on the basis of All India Combined Competitive Entrance Examination to be conducted by the Director of Health Services of Government of India which is open for all the students irrespective of the institution from which they have passed their M.B.B.S. Course and whether they are the Bona fide Residents of Rajasthan or not. The said provisions reads as under:- "1. Seats and Reservations (a) 50% of the total seats available in various MD/MS/Diploma courses will be filled in as per allocations made by the Director General of Health Service, Government of India, New Delhi, on the basis of the result of All India Competitive Entrance Examination for admission to P.G. Courses (MD/MS/Diploma) on open merit, as per directions of Honble Supreme Court of India." 10. Thus, it cannot be said that there is an absolute bar which disentitle the petitioners from seeking admissions to the Medical Colleges in Rajasthan. The aforesaid policy has been the subject matter of consideration before the Honble Supreme Court and their Lordships of Honble Supreme Court in the case of Dean, Goa Medical College, Bambolim, Goa & Anr. vs. Dr. Sudhir Kumar Solanki & Anr., reported in 2001 (7) SCC 645 , and in the case of Dr.
The aforesaid policy has been the subject matter of consideration before the Honble Supreme Court and their Lordships of Honble Supreme Court in the case of Dean, Goa Medical College, Bambolim, Goa & Anr. vs. Dr. Sudhir Kumar Solanki & Anr., reported in 2001 (7) SCC 645 , and in the case of Dr. Prachi Almeida vs. Dean, Goa Medical College & Ors., reported in 2001 (7) SCC 640 , have taken note that various States have provided for admission to the Post Graduate medical Courses by pooling 25% seats for being filled in on the basis of All India Common Entrance Examination and all M.B.B.S. qualified students can compete for admission against the aforesaid quota and the remaining seats in the Post Graduate Course have been provided to be filled in by adopting different criteria. The argument in the aforesaid case that the petitioner was being deprived of admission to the Post Graduate Course on the basis of residential requirement having migrated out of the State for doing her M.B.B.S. did not find favour with the Honble Supreme Court. Their Lordships of the Honble Supreme Court after taking into account the earlier decisions in the case of Dr. Parag Gupta vs. University of Delhi, reported in 2000 (5) SCC 684 , have held in Para 4 of the Judgment as under:- "4. We have carefully considered the submissions of the learned Counsel appearing on either side. The learned Judges of the High Court have wholly misconstrued the ratio of the earlier decisions of this Court wherein what was really deprecated was the wholesale reservation of seats made by some of the State Governments on the basis of domicile or residence requirement within the States or on the basis of institution preference, regardless of merit. In the decision reported in Parag Gupta (Dr.) vs. University of Delhi, to which one of us (Rajendra Babu, J) was a party, after a careful analysis of the earlier decisions in their proper perspective, has declared the correct position of law to be that the rule of preference on the basis of domicile or requirement of residence is not bad provided it is within reasonable limits and does not result in reserving more than 70% to 80% of the seats available.
Indisputably, in this case 25% of the seats in the postgraduate courses have been earmarked and allotted for being filled up on all-India basis on merit basis. In addition, we have directed that students who had obtained admission on the seats earmarked for all-India quota in Medical Colleges in the State also can compete with the local students in 75% seats allocated to them in Prachi Almeida (Dr.) vs. Dean, Goa Medical College, disposed of today, thus, making further demands on the number of seats reserved for local student with the application of the rule of 10 years residence. Consequently, we see no infirmity whatsoever in Rule III (1) (iii) of the Goa Rules, 1998 and the same cannot be said to be merely directory or, for any reason, illegal. An eligibility criteria statutorily stipulated can be no means be held to be directory resulting in a ebulous state of affairs in the matter of selection of candidates for admission. There could be only two alternative courses, namely, either the rule is unconstitutional or illegal for any reason and, therefore, to be struck down or on the other hand valid and invariably and uniformly enforceable without any reservation whatsoever, as binding and mandatory in character. The reasoning of the High Court, therefore, does not deserve to be approved and the same is unsustainable." 11. Thus, from the above Judgment , it is clear that the instructions which have been issued in the Booklet by the University of Rajasthan, Jaipur for admission to the Post Graduate Courses in the Facility of Medical Sciences in Rajasthan is in conformity with the Judgment of their Lordships of the Honble Supreme Court of which reference has been made above. 12. Learned Counsel for the petitioner relying upon the Judgment of the Honble Supreme Court in Dr. Parag Guptas case (Supra), sought to contend that Honble Supreme Court had held that students who were doing their M.B.B.S. Course from the State other than the home State be also allowed to participate to the Entrance Test being conducted in their home State and that the provisions regarding eligibility framed in various States for admission to the Post Graduate Courses which did not permit students who have gone to do their M.B.B.S. in the State other than the home State not being found eligible did not find favour from the Honble Supreme Court. 13.
13. So far as the submission based upon the Judgment of Dr. Parag Guptas case (Supra), is concerned, at the outset it may be mentioned that Honble Supreme Court has considered the case of the students who had qualified for the M.B.B.S. Course for admission on the basis of All India Competitive Examination and had taken admission in Medical Colleges pursuant to their selection on the basis of All India Competitive Entrance Examination against 15% seats reserved in the various Medical Colleges throughout the country. This would be evident from the opening paragraph of the Judgment itself . While dealing with the contentions of the petitioners, their Lordships of the Honble Supreme Court in Para 8 have held as under:- "8. There are 32 States and Union Territories which provide for medical education. At the graduate level (M.B.B.S.), except Jammu and Kashmir and Andhra Pradesh, all the States and Union Territories pool 15% seats to be filled from common entrance examination on all-India basis, rest of the 85% of seats are filled by holding entrance examination at the State Level. In 15% seats filled on All India basis students from one State have to migrate to other State allotted to them for pursuing MBBS course. 18 State and Union Territories, apart from Jammu and Kashmir and Andhra Pradesh, provided post graduate medical courses on pooling 25% seats to be filled on all-India basis by a common entrance examination conducted by AIIMS. All MBBS qualified students can compete for admission without any restriction in this 25% quota and for filling the remaining 75% seats in post graduate courses the States or Union Territories have adopted different criteria for admission." 14. Having taken note of the fact that several States and Union Territories have provided on an agreed basis to fill in 15% of the seats on the basis of the All India Competitive Test, the grievance of the petitioners was, therefore, held to be legitimate. In the aforesaid Judgment , their Lordships of the Honble Supreme Court, therefore, held that students who had gone out of their home State for doing the M.B.B.S. course after being selected on the basis of All India Competitive Examination and having been admitted against All India quota should be allowed to compete in their home State and to pursue their Post Graduate studies. 15.
15. A look at the eligibility criteria laid down by the University of Rajasthan in Para (V) Category (B) clearly shows that University of Rajasthan while keeping in mind the directions of the Honble Supreme Court has made a provision for Bona fide Residents of Rajasthan who have done their M.B.B.S. Course from outside the State having been admitted to such institution outside the State against All India quota in pursuance of All India Competitive Examination conducted by the Central/State Government have been held to be eligible. Thus, the case of Dr. Parag Gupta, in my view, does not support the case of the petitioners but, on the contrary, is evidence on the fact that Honble Supreme Court merely provided for the students who have been admitted to Medical Colleges outside their home State against All India quota fixed by each State have been filled in on the basis of All India Common Entrance Test for M.B.B.S. Course only in respect of the Medical Colleges in those States against 15% seats reserved by each State in their Medical Colleges and not in the case of private Medical Colleges who do not admit the students on the basis of the combined All India Competitive Entrance Examination conducted by the C.B.S.E. under order of the Honble Supreme Court. 16. In the present case, non of the petitioners were admitted to the respective Medical Colleges on the basis of All India Competitive Entrance Examination conducted for the purposes of admission to the M.B.B.S. Course as laid down by their Lordships of the Honble Supreme Court. On the basis of the entrance examination which was envisaged by their Lordships of the Honble Supreme Court in the case of Dr. Pradeep Jain & Ors. vs. Union of India & Ors., reported in 1984 (3) SCC 654, more particularly Para 21 thereof . The entrance examinations which have been conducted by the private colleges i.e., Shri Ramchandra Medical College and Research Institute (Deemed University), Chennai in the case of Dr. Dhruv Sharma [Writ Petition No. 1559/2006] and Dr. Bhaskar Choudhary [Writ Petition No. 972/2006]; Manipal Academy, Magalore in the case of Dr. Gargi Mathur [Writ Petition No. 1386/2006]; and Santosh Medical College and Hospital in the case of Ms.
Dhruv Sharma [Writ Petition No. 1559/2006] and Dr. Bhaskar Choudhary [Writ Petition No. 972/2006]; Manipal Academy, Magalore in the case of Dr. Gargi Mathur [Writ Petition No. 1386/2006]; and Santosh Medical College and Hospital in the case of Ms. Maneesha Bhargava cannot fall within the category of All India Competitive Examination for M.B.B.S. to which reference has been made in Para (V) Category (B) of the Institution as the same has been further clarified by the words "conducted by the Government". Thus, so far as the writ petition of these petitioners are concerned, they are devoid of merit and no infirmity can be found with the action of the respondents that these petitioners are not eligible, for appearing at the Pre-P.G. Entrance Examination, 2006 under Para (V) Category (B ). 17. So far as the case of Savita Meena and similarly situated petitioners in S.B. Civil Writ Petition No. 1516/2006 is concerned, it is no doubt true that Para 3. of the Bulletin of Information (Under-Graduate Degree Courses) issued by the University of Delhi for Faculty of Medical Sciences provides for admission on All India Basis to the female candidates belonging to SC/ST category but widening the eligibility for admission to Lady Hardinge Medical College cannot be equated with All India Competitive Entrance Examination for P.M.T. which was envisaged by their Lordships of the Honble Supreme Court in Dr. Pradeep Jains case (Supra), and which has been referred to in the decisions of Dr. Parag Guptas case (Supra) and Dr. Prachi Almeidas Case (Supra). In all these cases, there is clear reference to All India Competitive Entrance Examination which is conducted by the Central Government or the C.B.S.E for the purposes of admission to the M.B.B.S. Course. The widening of eligibility criteria by the Delhi University for admission to the Lady Hardinge Medical College cannot, therefore, take the place of All India Competitive Entrance Examination referred to in the instructions issued by the University of Rajasthan which has to be seen and interpreted in the light of the Judgment of their Lordships of Honble Supreme Court which clearly refers to the examination conducted by the Central Government of its agency. In my view, therefore, the petition filed by Ms. Savita Meena and others is also devoid of merit and the same is liable to be dismissed. 18. Consequently, all the above mentioned writ petitions are dismissed summarily.