ABHINAV AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(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:-

(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:-

(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.