K.P. Bhandari, J. - (1.) This judgment will dispose of C.W.P. No. 1430 of 1990 and C.W .P. No. 1637 of 1990as they raise common questions of law.
(2.) The petitioners have qualified M.B.B.S. examination. They have applied for admission to M.D./M.S. course in M.D. University. M.D. University had issued prospectus for regulating admissions to M.D./M.S. course. In Appendix (A) of the prospectus a procedure for determination of merit for admission to M.D ./M.S. course has been laid down. According to the prospectus, written test will be conducted for regulating admissions to M.D./M.S. course. Written test will be in two parts. General paper will carry 40 marks. This paper will contain questions of M.B.B.S. standard, (ii) Twenty marks are allotted for clinical paper. According to the Appendix 'A' it is further laid down that the graduates of Medical College, Rohtak will be given weightage of 10 marks. Ten marks are prescribed for performance in the M.B.B.S., ten for performance in the house job/internship and ten for performance in the interview. In this way, the award of 30 marks is in the discretion of the Selection Committee. The candidate seeking admission as Haryana Civil Medical Service candidate, his merit is determined purely on the basis of marks obtained by him in the written test. With regard to other candidates, the overall merit is prepared on the basis of marks obtained in the written test as well as in the interview.
(3.) The petitioners have challenged the provision of the prospectus for determination of merit by the Selection Committee. It is challenged that the award of 30 marks by the Selection Committee casts a very heavy burden on the candidates. This provision in the prospectus is highly arbitrary, unreasonable and discriminatory and is violative of Article 14 of the Constitution. It is further stated that merit can be correctly determined on the basis of marks obtained in the written test as well as in the clinical examination. The petitioners also filed an amended writ petition in this Court. The respondent-University has filed its reply to amended writ petition and has supported the validity of the provisions of Appendix 'A'.;