R.S. Mongia, J. - (1.) THIS judgment will dispose of Letters Patent Appeals Nos. 1097 and 1098 of 1990, filed by Maharshi Dayanand University, Rohtak (hereinafter called the University). Two writ petitions Nos. 1430 and 1637 of 1990, out of which the above -said two Letters Patent Appeals have arisen, were allowed by a common judgment of the learned Single Judge.
(2.) BRIEF reference to the facts of both the cases would be necessary: Medical College, Rohtak, which is affiliated to the University, had invited applications for the admission to post -graduate degree courses in the various specialities in the College, for the sessions 1990 -91. The post -graduate course is of three years' duration. Students who have not done their house job were to be admitted in the first year of the three years' degree course; whereas those who have done one year house job were to be admitted to the second year of the three years' degree course. The former type of students who have not done their housejobs i.e. fresh graduates who have only completed their internship, the University has described them as Group II students. In Letters Patent Appeal No. 1097 of 1990 the Respondents writ Petitioners are Group II students. The students who have done one year housejob and are entitled to be admitted to 2nd year of the three years' degree course, have been described as Group I students by the University. In Letters Patent Appeal No. 1098 of 1990, the Respondents writ Petitioners are Group I students, For the Group I students, there are 97 seats, out of which 24 are to be filled in on the basis of All India Competitive Entrance Examination, 20 are reserved for the candidates from the Haryana Civil Medical Service (KCMS) and 53 are open seats to be filled on merit prepared on the basis of written test and interview, etc. to which reference would be made hereinafter. The seats reserved for HCMS are filled only on the basis of merit prepared on the basis of the written test. As far as Group II is concerned, there are in all 68 seats, out of which 16 are to be filled on the basis of a test to be held on All India basis. 16 for HCMS and 36 are open seats to be filled in on merit determined on the basis of written test and interview etc. In the prospectus issued by the Authorities for the admission to the post -graduate courses, the procedure for determination of merit as well as guide -lines for the written test have been mentioned, which are reproduced below: Appendix A. Procedure for determination of merit ... 10 Marks 1. Academic Marks. - (a) 2.5 marks will be given for the first 50 per cent obtained in MBBS (Total of all the three professional examination) and to that will be added 15 per cent of the aggregate percentage marks secured above 50 per cent. A candidate scoring only 50 per cent marks will be given 2.5 marks only and the other one scoring 75 per cent marks will be given G.25 marks. Provided that: (b) In case of students who have passed in any of the M.B.B.S. examinations in more than one attempt, 1 mark will be deducted for each extra attempt subject to deduction of maximum 5 marks. 2. House Job ... 10 Marks There will be five marks for each senior and junior housejob and there will be a system of grading the performance during housejob. The marks allotted for different grades will be as follows: Grade A (Excellent Outstanding) 5 Marks. Grade B (Very good) 3 Marks. Grade C (Good) 2 Marks. Grade D (Average, Satisfactory) 1 Mark. A report on the candidates performance during house job shall be obtained before the interview from the Head of the department /unit where he/she has worked. For this purpose the students shall be asked to indicate the name and latest address of the head of the unit with whom he/ she has worked during housejob. In rare cases if such a report cannot be obtained due to the non -availability of the concerned consultant, the candidate shall be allotted marks according to his/her total average merit. In preclinical subjects where housejob is not essential, the grade obtained in other equivalent jobs (Demonstrator, Research Officer etc.) may be treated at par. Similarly, those candidates who have done rural/defence service etc. in lieu of housejob, the grade obtained there may be treated accordingly. Internship. -For 3 years system performance during inter -ship only shall be considered in place of house -job and marks allotted accordingly. The procedure for grading the performance will be the same as adopted for house -job.
(3.) WEIGHTAGE for graduates of Medical College, Rohtak. 10 Marks.;