- (1.) This judgment shall dispose of two writ petitions being Civil Writ Petition Nos. 9731 and 9514 of 2006. The facts are separately noticed in the two cases. CWP No. 9731 of 2006
(2.) The petitioners before this Court have made a grievance against the selection process initiated by the Association of Self Financing Medical Colleges of Haryana (respondent No. 4) and the Convener of the MBBS and BDS Admission, M.M. College of Dental Sciences and Research, Mulana, respondent No. 5 for filling up the seats of MBBS/BDS Courses in the private unaided Medical Colleges in the State of Haryana. Primarily the aforesaid grievance has been made on the ground that respondent Nos. 4 and 5 were not filling up the seats of MBBS/BDS Courses in the private unaided colleges in the State of Haryana through the common entrance test which was held by the State of Haryana and Maharishi Dayanand University for filling up the seats in the Government Medical Colleges in the State. The petitioners have claimed that the seats of MBBS/BDS in private unaided colleges, in the State of Haryana were also liable to be filled up from the candidates and as per the merit list prepared as a consequence of the joint entrance test conducted for the purposes of Government Medical Colleges. According to the petitioners, the selection process adopted by respondent Nos. 4 and 5 is contrary to the law laid down by the Supreme Court in India in T.M.A. Pai Foundation's case as explained in the case of Islamic Academy of Education and further explained in P.A. Inamdar's case. Directions have been sought against respondent Nos. 1 to 3 i.e. State of Haryana and Maharishi Dayanand University to fill up the seats of Medical and Dental Colleges/Institutions in the State of Haryana as per the merit list prepared and published by the Maharishi Dayanand University.
(3.) On March 14, 2006, the State of Haryana, Department of Health and Medical Education, issued a notification to declare Maharishi Dayanand University, Rohtak as the competent authority to conduct the entrance examination and declaration of result for admission to MBBS/BDS/BAMS/BHMS Courses in Medical and Dental Colleges in the State of Haryana for the year 2006. Additionally, Director, Pt. B.D. Sharma, PGIMS Rohtak was declared as the competent authority to conduct counselling and finalising admission in the aforesaid courses for the year 2006. Consequently, the prospectus was issued by Maharishi Dayanand University, Rohtak (hereinafter after referred to as "the University") for admissions to Medical/Dental/Ayurvedic/Homeopathic Colleges/Institutions in Haryana for the year 2006 and for holding a common entrance examination. The said prospectus also contained the following information : "Prospectus for Admission to MBBS/BDS/BAMS and BHMS : The Health & Medical Education Department, Haryana has assigned the task of conducting Entrance Examination for Admission to MBBS/BDS/BAMS and BHMS courses for the year 2006 to M.D. University, Rohtak. The information given in the prospectus and guidelines regarding conduct of test are as provided by the Health and Medical Education Department of the Haryana Government. The Hon'ble Supreme Court of India has given directions in certain cases before them that admission procedure, fee structure etc. shall be as per the guidelines laid down by the Hon'ble Supreme Court and Punjab and Haryana High Court while making admissions. Out of the total seats indicated in the prospectus for each college/institution upto 15% seats may be reserved for NRIs. In privately managed unaided Medical Dental/Ayurvedic/Homeopathic Institutions, the seats will be filled up through a separate test which will be conducted by the Association of same type of colleges (college if it happens to be a single college in that case by that college) or as per directions of the State Admission Committee/State Government.";