- (1.) Petitioner Dr. Renu Bansal through present petition filed by her under Article 226 of the Constitution of India takes exception to the admission criteria to MD/MS 40% non-PCMS quota candidates, according to which, it is pleaded, merit list is not prepared strictly as per merit position of the candidates in the competitive entrance examination. The regulations determining admission criteria as contained in Regulations 1.2, 6.1 to 6.5 in the prospectus for Competitive Entrance Test, 1993, need an immediate notice. "1.2 Admission Criteria;- Admission to the Post Graduate Medical Courses shall be combiningly determined on the basis of the result to the Entrance Test (80 marks) and the academic achievements of the candidate for 40% quota candidates/weightage given for the length of service in PCMS/PCMS (Dental) for 60% quota candidates (20 marks). (Emphasis supplied). 6.1. A Combined merit list on the basis of performance of entrance test will be prepared. 6.2. The final merit of a candidate will be determined on the basis of performance of entrance test (80 marks) and previous record of MBBS/BDS course non-PCMS/PCMS (Dental) graduate/weightage of length of service for PCMS/PCMS (Dental) doctors (20 marks). 6.3. The selection in each speciality, and institution will be based on merit-cum-choice of each candidate. For each discipline a waiting list of 25% of the available seats will be prepared and vacancies, if any, will be filled latest by 31-8-1993 from amongst the candidates on the waiting list. No admission will be made after 31-8-1993. 6.4. There will be separate merit list for 40% and 60% quota candidates. 6.5. Determination of inter se merit of candidates obtaining equal marks: In case of two or more candidates obtaining equal marks computed out of 80 marks secured in the entrance test and 20 marks of MBBS/ BDS examination for fresh graduates/weightage of length of service for PCMS/PCMS (Dental) candidates, the inter se merit of such candidates shall be determined as under: - (i) Candidates obtaining higher marks in entrance test; (ii) candidates obtaining higher marks in paper-II (iii) candidates obtaining higher marks in paper-I (iv) according to age, older getting preference over younger."
(2.) From amongst the regulations 1.2 to 6.5 in the prospectus of Competitive Entrance Test, as have been reproduced above, the offending regulations are pleaded to be 1.2 and 6.2. Insofar as regulation 6.5 is concerned, contention of the petitioner is that if regulations 1.2 and 6.2 are held to be illegal, consequential changes in Clause 6.5 would be necessitated.
(3.) Even though the precise grievance of the petitioner is as noticed above, yet the material facts culminating into this petition need a necessary mention.;