Rakesh Jain, J. - (1.) (Oral) - The petitioners are M.B.B.S Doctors from the Medical Colleges situated in the State of Punjab, who have challenged Clause/Para 20 (1) of the Notification dated 30.12.2015, incorporated in Part-B of the Prospectus dated 05.1.2016 issued by respondent No.3-Baba Farid University of Health Sciences (for short "the University") whereby the entire 40% of State quota seats have been reserved for students having Punjab Resident Status/Domicile.
(2.) It is submitted that the said Clause had earlier been under challenge before this Court in the case reported as Dr. Mitthat and Others v. State of Punjab and Others, 2015 (2) SCT 734 and has been held to be illegal.
(3.) In brief, the State of Punjab issued Notification No.5/33/2013- 3HB-III/3053 dated 30.12.2013 (30.12.2015?) for admission to the Post Graduate Degree/Diploma Courses in the State of Punjab for the Session 2016, which authorised the University to conduct Punjab Post Graduate Entrance Test 2016 (PGET 2016) for 50% State Quota Seats and all seats in Private Colleges. It also authorised the University to conduct centralised counselling for admissions on the basis of PGET 2016 as per procedure laid down by MCI/DCI and notified under The Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006. The University issued prospectus on 05.1.2016 incorporating the Notification as Part-B. The seats were distributed as per Clause/Para 20 (1), which reads thus: "Distribution of Seats in Govt. Institutions (Govt. Medical/Dental College, Amritsar & Patiala, GGS Medical/Dental College, Faridkot). I. In the Govt. Institutions, 50% of the total seats shall be filled by the Government of India at all India level through All India Test-2016. The remaining seats shall be filled through PGET-2016 at the state level from amongst the candidates having Punjab Resident Status. Out of State Quota seats 60% seats shall be filled up from amongst the eligible PCMS (Medical/Dental) in service doctors & 40% seats shall be open to all eligible Medical/Dental graduates. Out of these 40% seats the Governor of Punjab is further pleased to reserve, by way of institutional preference upto 50% available seats for general category candidates who have passed their qualifying examination from Baba Farid University of Health Sciences, Faridkot/Guru Nanak Dev University Amritsar, Punjabi University Patiala, except Christian Medical/Dental College, Ludhiana. There shall be separate merit list for in-service 60% quota candidates for Medical/Dental Colleges and a separate merit list for those who are not covered under the category of in service candidates. In 40% quota, after exhausting all Punjab resident candidates, seats remaining vacant shall be offered to the other state residents".;