Arun Tandon, J. - (1.) Banara Hindu University has been declared to be an Institute of national importance and accordingly included in Entry 63, List 1, (Union List) of Seventh Schedule to the Constitution of India commonly known as Central University. The aforesaid university has established an Institute of Medical Science (hereinafter referred to as Institute). The number of undergraduate seats sanctioned for the Institute (M.B.B.S.) is 56, while the number of post graduate seats sanctioned for the Institute (M.S./M.D.) is 84. Thus the number of postgraduate seats in the Institute like in All India Medical Institute of Sciences, New Delhi is higher viz-a-viz number of seats sanctioned at the undergraduate level (M.B.B.S.).
(2.) Under resolution of the Postgraduate Board of the University dated 26th May, 2003 it was resolved that internal candidates would be admitted up to 60% of the total seats, 25% seats were earmarked for the All India Quota, entrance examination whereof was to be held by the D.G.H.S., New Delhi. The remaining 15% seats were to be filled by All India Entrance Examination to be conducted by the Banara Hindu University itself. Thus the break-up of the seats available at the Post Graduate level were distributed as follows: 1. 51 seats for internal candidates 2. 21 seats for All India Quota through examination to be conducted by D.G.H.S.
(3.) 12 seats for entrance examination to be conducted by the Banara Hindu University itself for internal/external candidates. 3. Petitioner A.K. Rai, who had passed M.B.B.S. Examination from the Banara Hindu University, was one of the candidate for being considered for admission in Post Graduate Course under the Institutional preference quota. The University authorities took a decision of ascertaining the merit by conducting a screening examination for the institutional candidates against institutional preference quota. The marks obtained in the screening examination were added to the percentage of the marks obtained in the M.B.B.S. examination for preparation of the merit list. On the basis of the merit so determined, seats available in various subjects at the Post Graduate level were offered through counseling.;