- (1.) This bunch of writ petitions raises similar question of law thus have been heard together and decided by this common judgment.
(2.) Petitioners are those who have successfully completed their MBBS course followed by one year Internship thus are eligible to undergo Post Graduate courses (MD/MS/Diploma). All the petitioners are residents of State of Rajasthan and undertaken MBBS course from the Medical College/ University situated out of State of Rajasthan. Majority of the petitioners are those who got admission in MBBS course pursuant to 15% quota meant for all India competition thus having succeeded on all India basis for admission in MBBS course, they got admission in a Medical College out of State of Rajasthan based on their merit. After completion of their MBBS course, when they intend to apply for PG course in the State of Rajasthan, taking note of amendment in Ordinance 278-E and 278-G of Rajasthan University as modified and adopted by Rajasthan University of Health Sciences, Jaipur, petitioners became ineligible to compete for Pre-Post Graduate Medical Entrance Examination, 2010 (Pre-PG) against 50% seats.
(3.) Learned counsel for the petitioners submit that petitioners are residents of Rajasthan thus are entitled to compete in Pre-PG Entrance Examination and should not have been debarred only for the reason that they undertook their MBBS course under a different University than that of Rajasthan University of Health Sciences/ University of Rajasthan. Pursuant to the amendment in Ordinance 278-E and G meritorious candidates of State of Rajasthan are deprived to seek admission in PG course in violation of Article 14 of the Constitution of India. Validity of the amended provisions of Ordinance as well as conditions of eligibility in the Instructions Booklet have been challenged mainly on the aforesaid grounds.;