SURENDRAKUMAR Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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LODHA, J. -
(1.)BY these writ petitions, the petitioners have challenged reservation of certain seats made by the Government of Rajasthan in the Medical Colleges run by it in the State. The petitioners have also challenged the notification No. F.5(1)ME/68 dated 30th August, 1968, (Exhibit 3) by which the Government of Rajasthan raised the upper age limit for admission to Medical Colleges in Rajasthan from 21 years to 22 years. Since all these writ petitions raise identical questions, we consider it convenient to dispose them of by a single judgment
(2.)ALL the petitioners passed the First Year of the Three Years Degree Course (Science) Examination in the year 1968 and applied for admission to the various Medical Colleges of Rajasthan for the session, commencing from July 1968. It may be stated here that there are five Medical Colleges in the State of Rajasthan run by the Government, and they are located at Jaipur, Bikaner, Udaipur, Jodhpur and Ajmer and all of them are affiliated to the University of Rajasthan. The last date for submission of applications for admission to the M. B. B. S. Classes of the said Medical Colleges was 25th June, 1968 and all the petitioners submitted their applications in the prescribed form before this date. They were all called for interview but were not admitted and therefore they have filed these writ applications before this Court praying that the reservations of certain seats made by the Government of Rajas -than in respect of certain classes of persons and the notification issued by the Government relaxing the upper age limit from 21 years to 22 years be struck down and further a direction be issued to the Government and the Principals of various Colleges to consider the applications of the petitioners for admission on the basis of merit after quashing the admissions of those candidates who have been admitted in pursuance of the reservations made by fee Government and also in pursuance of the notification raising the upper age limit.
For a correct appraisal of the arguments advanced on behalf of the petitioners, it would be necessary to narrate in brief the circumstances in which reservations were made fay the Government and the notification regarding raising the upper age limit was issued. It is common ground between the parties that each Medical College in Rajasthan had issued a prospectus containing conditions of admission and other ancillary matters. We have referred to the Prospectus for the year 1968 -69 issued by Sawai Mansingh Medical College, Jaipur and it is urged that similar prospectuses were issued by other Colleges also. Part I of the Prospectus issued by Sawai Mansingh Medical College deals with conditions of admission. Para 3 of this Prospectus prescribes the order of preference in which the candidates will be admitted. It reads as follows: - - '3. Admission of candidates will be made in the following order of preference: - -
(a) Candidates will be admitted in order of merit judged on the percentage of marks obtained either at the Intermediate Examination or the first year University Examination of the Three Years Degree Course or at the B. Sc. Examination whichever is more advantageous to the candidates provided that at the B. Sc. Examination marks in which the Division is awarded shall be considered.
(b) (i) Candidates securing less than 45 per cent of the aggregate marks will not be eligible for admission to the College.
(ii) Candidates passing in a supplementary examination shall not be eligible if they secure less than 48 per cent marks in aggregate. The candidates, who have passed the 1st Year T. D. C. Examination in Supplementary and have been awarded a pass class at the Final Year T. D. C. (B. Sc.) Examination, are required to submit the marks -sheet of 1st Year T. D. C. (Main and Supplementary Examinations) together with the marks -sheet of final year T. D. C. Examination failing which their application will be rejected without making any reference.
(c) Candidates eligible under Clauses (a) and (b) above shall be called by the Principal S. M. S. Medical College, Jaipur, to appear before the Admission Board constituted by the Government for interview. Bad stammerers and/or those found unsuitable by the Admission Board shall be rejected.
(d) The Government reserves the right to admit or reject admission of any candidate without showing any cause.'
(3.)PARA 4 (a) prescribes the age limit and lays down that candidates must have completed the age of 17 years at the time of admission or before 1st October of the year of admission and should not be more than 21 years age. Special provision has been made regarding candidates belonging to Scheduled Castes, and Scheduled Tribes of Rajasthan in the matter of age and the maximum age limit prescribed for them is 24 years at the time of admission. Similar special conditions have been prescribed in the case of Para -Medical Personnel, who are in service of the Government of Rajasthan but we do not consider it necessary to refer to them for the disposal of these writ petitions.
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