ANAND S BIJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The problems faced in the matter of implementing the scheme framed by this court for admission to postgraduate medical courses are raised in these I. As.

(2.) The learned Solicitor General asked us to make clear certain aspects for smooth implementation of the scheme of admission into medical colleges and in particular, those pertaining to the 15% all india quota. It is submitted that the states and colleges should not insist upon satisfaction of the "state requirements" as a condition to grant admission to the allottees against the 15% all India quota. He elaborated that the states are imposing conditions on the candidates admitted to postgraduate courses in the colleges, for example, the Government of gujarat requires the postgraduate students to execute a bond of Rs. 75,000. 00 for rendering 3 years rural service in the state as prescribed by the state government. Similarly, Government of maharashtra has imposed a condition that candidate would have to serve the government of Maharashtra for a period of one year as medical officer in any of the PHC/rhc in the state prior to admission to the postgraduate course. Thus the result is that different states have imposed different conditions. Candidate admitted under the all India quota under different state medical colleges are not uniformly placed. While some of the candidates have to fulfill those requirements, others are not required to do so.

(3.) Indeed in this regard, a three judge bench of this Court in Harish Pratap sisodia v. Union of India and Ors. [jt 1999 (2) SC 313], has stated as follows :-