D.M.DHARMADHIKARI - (1.)The controversy involved in these two LPAs is concerning application of the rule for admission to post-graduate medical courses in the medical colleges under the Saurashtra University.
(2.)The students-appellants herein in LPA No. 644/01 and the Saurashtra University , appellant in LPA No. 748/01,both feel aggrieved by the judgment of the learned Single Judge dated 2.7.2001.
(3.)Saurasthra University framed the rules in November 1983 laying down the procedure for calculation of marks of the eligible candidates for admission to post-graduate medical courses . Under the said Rules, what is relevant to be stated is that only marks of final year MBBS examination were to be considered along with other criteria laid down under the Rules for preparing merit list for grant of admission to the post-graduate medical courses. Admission Rules for admission to post-graduate courses of Saurashtra University were subsequently modified on 1.9.1995 to the extent that merit of eligible candidates will be comparatively determined on the basis of weightage of 25%, 25% marks in the first and second year MBBS examination and 50% marks in the final MBBS examination . It was also resolved by the University that this amended rule of giving weightage of 25%, 25% marks for the first two MBBS examinations and 50% marks for the last MBBS examination would apply to students seeking admission in the first MBBS in August 1995 and onwards. For students who were admitted prior to August 1995, it was decided that unamended 1983 Rules would be made applicable for determining comparative marks of candidates for admission.