Sukhdev Singh Kang, J - (1.) Whether the prescription of order of preference for the selection of candidates for admission to the Post-Graduate Medical Degrees/Diploma Courses resulting into reservation of about 95 per cent of the seats in these courses for the Registrars/ Demonstrators posted in the State Medical Colleges on regular basis and Punjab Civil Medical Service (for short, 'P.C.M.S.', officers is arbitrary, discriminatory and violative of Articles 14 and 15 of the Constitution, is the short but significant question falling for determination in the two Letters Petent appeals (L.P.A. Nos. 303 and 435 of 1986).
(2.) First the factual matrix: In the first week of Feb., 1986, there appeared in the newspapers an advertisement on behalf of the Principals of Government Medical Colleges, Patiala and Amritsar, inviting applications from Medical Graduates for admission to Post-Graduate Medical Degree/Diploma Courses in various subject. The detailed information regarding these Courses was given in the information Sheet supplied to each of the candidates along with the Admission Form. The information sheet contained, inter alia, information regarding the medical courses, their duration, minimum qualifications, fees, domicile,. hostel accommodation, etc. Provision was made for reservation of seats and preference for selection to these courses. The. relevant provision is reproduced below in extense- "GENERAL:- 1. The order of preference for the selection of candidates for admission will be as under (I) In-service candidates. (2) P.C.M.S. Officers. (3) Others. NOTE: (1) In-service candidates for this purpose means a person posted as Registrar/Demonstrator in Government Medical College, Patiala on regular basis in the same Department in which he/she wants to do post-graduation. (2) Seats will be reserved in each course to the extent of 25% in the case of Members of Scheduled Caste/ Tribe and 5% in the case of Members of Backward classes, who are domiciles of Punjab and selection will be made in accordance with the Punjab Govt. Memo No. 7(3)-5HBIII-80/1830, dated 2.2.1981."
(3.) Dr. Suresh Sharma and 32 other doctors who had passed their M.B.B.S. examination in 1983, completed their Internship in 1984 and finished their House Job in 1985, were eligible for and desirous of seeking admission to the M.D./M.S. and other Post-Graduate Diploma courses mentioned above and they applied for the same. However, they realised that with the introduction of the order of preference, almost all the seats for Post-Graduate Medical Degree/Diploma courses had been reserved for the in-service candidates and P.C.M.S. Class II doctors. The Director, Research and Medical Education, Punjab, had explained the import and ambit of the order of preference in his letter No. I-ME-3. Pb/85/28100, dated Nov. 25, 1985. He had stated therein that the Registrars and Demonstrators working in the Government Medical colleges shall get first preference in the matter of admission to the Post-Graduate Courses. After adjusting them, the remaining seats shall be offered to P.C.M.S. Class II doctors. If after adjusting these two categories, any seat still remained unfulfilled, fresh Medical Graduates shall be admitted against those open merit or general 'seats. The result was that there was almost 100 per cent reservation in favour of In-service and P.C.M.S. Class II candidates, and the fresh Medical Graduates who were not in Government service, were virtually eliminated from consideration for admission to these Post-Graduate Courses. To challenge this invidious discrimination, they filed C.W.P. No. 775 of 1986 seeking the quashing of the order of preference for selection of candidates to the Post-Graduate Degree/Diploma Courses. They pleaded that the doctors including the fresh Medical Graduates and the in-service' candidates and P.C.M.S.-II doctors were from the same class for admission to the Post-Graduate Medical Courses. They all were entitled to equal treatment. No preferential treatment could be given to in-service candidates and P.C.M.S-II 'doctors. There was no justification for any classification (of the doctors) between two categories of fresh Medical Graduates and the in-service and P.C.M.S. Class II candidates. There was no nexus between this classification and the object to be achieved, i.e. provision for higher education. In any case, the State Government could not reserve almost 'all the seats for the in-service and P.C.M.S. Class II doctors. The provision of this order of preference was violative of Art. 14 of the Constitution.;