(1.) This is a petition under Article 226 of the Constitution of India for issuing an appropriate writ to the respondents that M.P. State quota seats in Government and Private Medical/Dental Colleges be filled up by the students who are of domicile of M.P. The petitioner is a domicile of Madhya Pradesh and she wanted admission in Medical/Dental College of M.P. on 14.11.2013. Respondent No. 2 issued a notice that for the year 2014 the seats of Medical/Dental Colleges of Madhya Pradesh would be filled up by the All India Pre-Medical Test Examination (in brief "AIPMT") and a separate merit list will be prepared for M.P. State quota. On the basis of this list State quota seats will be filled up in Medical/Dental Colleges of State of Madhya Pradesh for the year 2014. Accordingly the petitioner participated in the AIPMT examination and stood at Sl. No. 29479 in All India Merit and at Sl. No. 1468 in State Merit list. After preparation of State merit list, counselling was started and some candidates were allotted M.P. State quota seats in Medical Colleges of Madhya Pradesh though they are not the domicile of Madhya Pradesh. Thus, the petitioner and the other students of Madhya Pradesh who are domicile of Madhya Pradesh are deprived of their rights as conferred by the Madhya Pradesh Private Medical (MBBS) and Dental (BDS) Undergraduate Courses Admission Rules, 2014 (in brief 'Private Colleges Admission Rules') and Madhya Pradesh Government Autonomous/Government Medical and Dental Undergraduate Admission Rules , 2014 (in brief 'Government Colleges Admission Rules') thus the respondents be directed that the State quota seats in Medical/Dental Colleges of M.P. be filled only by the students who are the domicile of Madhya Pradesh.
(2.) The respondents has stated that All India Pre-Medical/Pre-Dental Entrance Test, 2014 is conducted by the CBSE Delhi. On the basis of the examination two merit lists were prepared i.e. All India Merit List and State Merit List. The admission in Government Medical College is under taken as per the Government College Admission Rules. The rules provides that the students seeking admission should be a domicile of M.P. and for this aspect the State Merit list is prepared. The admissions in the private medical colleges are given as per the private colleges admission rules. These rules do not provide that students seeking admission should be a domicile of Madhya Pradesh whereas rules provide that a citizen of India can get admission in private medical colleges on the basis of All India Merit list. The respondent also stated on affidavit that in the earlier year i.e. in the year 2012 and 2013 for admission in private medical colleges eligibility criteria was the same. Thus there is no change in admission rules in regard to domicile status of the students. It is also stated in the reply that the petitioner is placed in the All India Merit list as well as State Merit list, therefore, if she comes in the merit of M.P. quota then she will be allotted Government Medical College however she will be also considered for allotment of seats in private medical colleges as per All India Merit list. Thus a student who is domicile of Madhya Pradesh can also get a seat in private as well as in Government Medical College, however, a student who is not a domicile of Madhya Pradesh can only be considered for the admission in private medical college, thus the respondents have not violated any of the rules. Therefore, the petition has no merit it be dismissed.
(3.) Learned counsel for the petitioner submits that as per rules the State quota seats in Government and Private Medical Colleges be filled up by the domicile of Madhya Pradesh. State quota merit list is prepared only with a view to protect the interest of the domicile of Madhya Pradesh, whereas in the present counselling such rules are not being followed and in State quota seats certain students who are not domicile of Madhya Pradesh allotted seats in Medical Colleges. Therefore, not only the petitioner but the other students of the State were deprived of admission in the Medical/Dental Colleges in State quota seats.