RAJENDRA BABU - (1.) THE petitioners in these cases claim to hail from Delhi and have completed MBBS course from colleges situate in different parts of the country. THEy state that they passed entrance examination held by the concerned Governments of the States in which the colleges situate or the entrance test conducted by such colleges; that the classmates of the petitioners who studied in Delhi and continued their study in the medical courses also in one or the other medical college have an advantage over the petitioners as they are being considered for admission to PG medical courses in Delhi University by providing for institutional preference. THE Delhi University has prescribed the conditions for admission as follows:- "Requirement for admission to Post-Graduate Degree Courses: (A) 1. Candidate must have completed satisfactorily one year of compulsory rotating internship after passing the final M.B.B.S. examination from the University of Delhi on or before 31-3-2001 and must have full registration with the State Medical Council/Medical Council of India.
(2.) THE candidate who has passed the MBBS examination from a University other than Delhi University, having been allotted to the same under the 15 Per Cent All India Quota by the Director General of Health Services would also be eligible if he/she is permanent resident of the National Capital Territory of Delhi (THE proviso has been incorporated as per the direction of the Hon'ble Supreme Court in Dr. Parag Gupta's case and is subject to further order of the Hon'ble Supreme Court) and if he/she also fulfills all the following three conditions:- (i) He/She has passed 10+2 examination from National Capital Territory of Delhi. (ii) He/She is a permanent resident of the National Capital Territory of Delhi. (iii) He/She has passed the MBBS examination from a University other than Delhi University, having been allotted to the same under the 15 Per Cent All India Quota by the Director General of Health Services if he/she is permanent resident of the National Capital Territory of Delhi. Note : (i) A candidate must produce any one of the following documents to prove his/her permanent residence in the National Capital Territory of Delhi: (a) Ration Card(b) Voters Identity Card (c) Passport(d) Driving license (ii) THE Candidate must submit documentary proof for serial Nos. (i) and (iii)." 2. THEre are similar rules in the State of Uttar Pradesh and the contentions raised by some of the petitioners who hail from Uttar Pradesh are identical. After decision of Dr. Parag Gupta v. University of Delhi, (2000) 5 SCC 684 : (2000 AIR SCW 2406 : AIR 2000 SC 2319) various States have adopted different criteria of reservation which may be tabulated as follows:- JUDGEMENT_420_JT2_2001Html1.htm The contention put forth before us is that different criteria adopted by different States encroach upon the right of the students who have qualified MBBS by passing necessary entrance examinations and who migrated to other States from their home State do not get an opportunity for advancement of their career in their home State as they are debarred from admission on account of different criteria, either on account of reservation, on the ground of residential requirement in the migrating State or on the ground of institutional preference adopted by the State or Union Territories or Universities. Though in a small area the States of Uttar Pradesh and Delhi relax the condition of institutional preference by making provision for residence in respect of 15 Per Cent all-India quota in which none of the petitioners fall. The tabulation would disclose that some States allow admission to post-graduate medical courses only to the residents, whereas some States allow admission to post-graduate medical courses to such students who have qualified from any medical college even from outside the home States and some other States allow admission to post-graduate medical courses only to those students who have qualified from the medical colleges situate within the State or University. Delhi University provides admission to postgraduate medical courses to students who have qualified MBBS from Delhi University and also to such students who have qualified MBBS from outside Delhi under the 15 Per Cent all-India scheme as formulated in Dr. Dinesh Kumar's case (AIR 1986 SC 1877). The petitioners who have qualified from different colleges are denied the opportunity to compete in the entrance examination held by the Delhi University for admission to postgraduate courses, while the States of Rajasthan, Haryana and Punjab allow admissions also to residents who have qualified MBBS from any medical college for which admission is conducted on the basis of all-India entrance examination or otherwise. Thus the students who are classmates of the petitioners are eligible to pursue post-graduate courses in their respective home States but the petitioners in their own home State are being denied the opportunity to compete in the entrance examination to seek admission in post-graduate courses in Universities in Delhi and Uttar Pradesh. Their claim is that they got admission in MBBS after passing the entrance examination on the basis of all-India entrance examination conducted by the respective institutions and, therefore, negation of opporutunity to the petitioners to compete in the entrance examination is in gross violation of the fundamental rights as guaranteed under Article 14 of the Constitution. The contention put forth is that the criteria set out by different States to fill in the 75 Per Cent State quota to admission to post-graduate medical courses does not achieve any uniformity. Strong reliance is placed on Dr. Parag Gupta's case (2000 AIR SCW 2406 : AIR 2000 SC 2319) in this regard and it is contended that to strike a balance between the students who continued studies in their home States and those students who had pursued studies in other Universities or States who are invidiously discriminated should be allowed to compete in their home States where they have rules to pursue their postgraduate studies.
(3.) IN reply, the contention put forth is that is respect of Delhi University the scheme of admission is what was considered in Dr. Jagadish Saran's case (AIR 1980 SC 820) and reservation is made in respect of 25 Per Cent of the seats which are kept to be filled by on all-INdia basis against which any student from anywhere in the country is entitled to compete and get selected and only the remaining 75 Per Cent are reserved as permitted by this Court in Dr. Pradeep Jain's case (AIR 1984 SC 1420) read with Dr. Dinesh Kumar's case (AIR 1986 SC 1877). When the directions given by this Court in Dr. Parag Gupta's case (2000 AIR SCW 2406 : AIR 2000 SC 2319) were sought to be applied in a general manner to all students who had studied outside the State in medical colleges and sought for admission in their home State, it was noticed by this Court that such a course was not permissible and this position was clarified in Vineet Singh's case (2000 AIR SCW 3013 : AIR 2000 SC 2766). The petitioners having studied outside their home States under the 15 Per Cent all-INdia quota are not entitled to seek admission in Delhi University against the 75 Per Cent per cent Delhi University seats by invoking the decision in Dr. Parag Gupta's case. The institutions in which the petitioners did their MBBS course are not covered by the judgment or scheme formulated in Dr. Pradeep Jain's case and admission in the said institutions is not made on all-INdia entrance examination being conducted by the Central Board of Secondary Education on behalf of the Director General of Health Services pursuant to the judgment and directions of this Court in Dr. Pradeep Jain's case (AIR 1984 SC 1420). Therefore, it is submitted that the petitioners are not entitled to seek admission in post-graduate medical courses in Delhi University under the 75 Per Cent Delhi Unviersity quota seats. After considering the case in Dr. Jagadish Saran v. Union of India, (1980) 2 SCC 768 : (AIR 1980 SC 820); State of Rajasthan v. Dr. Ashok Kumar Gupta, (1989) 1 SCC 93 : (AIR 1989 SC 177); Anant Madan v. State of Haryana, (1995) 2 SCC 135 : (1995 AIR SCW 914 : AIR 1995 SC 955); Dr. Dinesh Kumar v. Motilal Nehru Medical College, (1986) 3 SCC 727 : (AIR 1986 SC 1877); Sanjay Ahlawat v. Maharishi Dayanand University, (1995) 2 SCC 762 : (1995 AIR SCW 228) we stated in Dr. Parag Gupta's case (2000 AIR SCW 2406 : AIR 2000 SC 2319 Para 7) as follows:- "These decisions lead us to the following principles; though universitywise preference is permissible, collegewise preference is not. 70 Per Cent to 80 Per Cent reservation has been sustained even where the students from different universities appear at a common entrance test. After the decisions in Dr. Pradeep Jain (AIR 1984 SC 1429) and followed by Dinesh Kumar (AIR 1986 SC 1877) the practice all over the country was to make 15 Per Cent of the seats in MBBS course and 25 Per Cent of the seats in post graduate medical courses in all the governmet medical colleges in the country available on the basis of merit alone. Students from anywhere in the country can compete for these seats which are allotted on the basis of an all-India test conducted by the designated authority. 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 the aforesaid percentage. Where the students from different universities appear at a common entrance test the rule of university-wise preference loses its relevance. The explanations of difference in evaluation, standards of education and syllabus lose much of their significance when admission is based upon a common entrance test. At the same time, the right of the State Government to regulate the process of admission and their desire to provide for their own students should also be accorded due deference. In the light of these principles, we examine the facts arising in the present case." ;