- (1.) Leave granted.
(2.) Appellants are aggrieved by the order passed by the Punjab & Haryana High Court in Review Application No.89 of 2013 in LPA No.1070 of 2013, by which the Division Bench of the High Court clarified its earlier order dated 25.7.2013 stating as follows :- "We thus clarify that there has not to be disturbance of the already allocated seats in the general category but whatever further seats remain vacant and/or are spill over from 60% quota, the RMOs will also compete with the only difference that there would be weightage given to them as per Clause (ix) of Medical Council of India Regulations."
(3.) Appellants, who are nine in number and not made parties to the Review Petition, have questioned the order of the High Court on the following questions of law :- I. Whether the impugned order passed by the Hon'ble High Court is sustainable in the teeth of law laid down by this Hon'ble Court in CA No.5705-5706 of 2012 Satyabrata Sahoo & Ors. Vs. State of Orissa & Ors. vide judgment dated 03.08.2012 since, in the said case this Hon'ble Court was pleased to quash the clause of prospectus (to the extent that it provided for weightage to in-service candidates inspite of there being a reservation of seats for them to the extent of 50%) and held it to be ultra vires II. Whether the Hon'ble High Court could have expanded the scope of a writ petition while deciding a Review Application by creating a new category of candidates of RMOs by giving additional weightage of marks to them on the basis of their tenure of service within 40% open category seats for MD Course admissions III. Whether the Hon'ble High Court could have framed a new policy/new criteria without there being any provisions for the same either in the prospectus issued by Baba Farid University and/or in the Regulations issued by Medical Council of India, and which is contrary to the law laid down by this Hon'ble Court IV. Whether the Hon'ble High Court could have laid down new rules for admission to Post Graduate Medical Courses midway i.e. before the second counselling for the State of Punjab was to take place ;