Rajendra Babu, J. - (1.) The petitioner before us was admitted into Goa medical College under the 15% all India quota. She passed out of the College in 1998 and completed the internship successfully, namely rural posting in Goa and the remaining nine months in a hospital in Delhi recognised by the Medical Council of India and, thereafter she was granted permanent registration under the Goa Medical Council and was also awarded a degree of having passed M. B. B.S. by the Goa University. She applied for admission to post graduate course in March, 2000. However, she was denied admission on the ground that she did not fulfil the condition relating to residence in State of Goa for a period of 10 years in terms of the Goa (Rules for Admi-ssion for Post graduate Degree Courses of the Goa University at Goa Medical College) Rules, 1998 (hereinafter referred to as the Rules). Rule III of the Rules reads as under :"Rule III : Eligibility, Preference and Order of Merit (1) Eligibility : Candidates applying for the admission to the post graduate degree / diploma course shall :- (i) possess the M. B. B. S. degree of the Goa University or any other University recognised as equivalent thereto by the Goa University and the Medical Council of India; (ii) complete Compulsory Rotatory Internship of one year on or before the last date of receipt of application; (iii) have resided in the State of Goa for a minimum period of ten years preceding the last date of receipt of applications. (2) Preference :- While selecting the candidates for admission to the post graduate courses preference in the following order shall be observed :- (a) Candidates who have graduated from Goa Medical College and have also satisfactorily completed full internship at the Goa Medical College. If such candidates are not available, then (b)Candidates who have graduated from the Goa Medical College but have done the internship outside the Goa Medical College. If such candidates are again not available, then (c) Candidates who have graduated from colleges other than the Goa Medical College, but who have completed the internship in the Goa Medical College. If such candidates are again not available, then (d)Candidates who have graduated from and who have done their internship in Colleges, other than Goa Medical College.
(2.) Though, Goa Bench of the Bombay High Court had held the said Rule to be directory in character, on appeal to this Court in Civil Appeal No.1966 of 2000 (Dean, Goa Medical College vs. Dr. Sudhir Kumar Solanki),, We have upheld the validity of this Rule.
(3.) This Court in Dr. Parag Gupta vs. University of Delhi (2000) 5 SCC 684, considered the effect of decisions, in Dr. Pradeep Jain vs. Union of India (1984) 3 SCC 654; Dr. Dinesh Kumar II vs. Motilal Nehru Medical College (1986) 3 SCC 727; State of Rajasthan vs. Dr. Ashok Kumar Gupta (1989) 1 SCC 93; Anand Madan vs. State of Haryana (1995) 2 SCC 135 ; D. P. Joshi vs. State of M.P. (1955) 1 SCR 1215; Sanjay Ahlawat vs. Maharishi Dayanand University (1995) 2 SCC 762, and stated the law on the matter to be as follows : "These decisions lead us to the following principles : though University wise preference is permissible, college-wise preference is not. 70% to 80% reservation has been sustained even where the students from different Universities appear at a common entrance test. After the decisions in Dr. Pradeep Jain and followed by Dinesh Kumar the practice all over the country was to make 15% of the seats in MBBS course and 25% of the seats in post-graduate medical courses in all the Government 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 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." (pp.689, 690) (of SCC). ;