Shiv Kumar Sharma, J. - (1.) POSTGRADUATE Medical Regulations, 2000(for short '2000 Regulations') were made by the Medical Council of India (for short MCI) in exercise of powers conferred under Section 33 read with Section 19A of the India Medical Council Act, 1956 and on their publication in the Gazette of India on October 7, 2000 they came into force. Regulation 9 provides that students for Postgraduate Medical Courses shall be selected strictly on the basis of their academic merit and whenever entrance test for Postgraduate admissions is held by a State Government or a University or any other authorised examining body, the minimum percentage of marks for eligible for admission to post graduate medical courses shall be 50% for all the candidates.
(2.) FOR the purpose of making admission against specified number of seats in different P.G. Courses conducted at different medical colleges in the State of Rajasthan, selection exercise was set into motion on March 23, 2001 by the University of Rajasthan. The procedure and criteria for holding the selections was laid down in a document titled "Instructions for the guidance of the candidates regarding Pre -PG, entrance examination 2001 for admission to M.D/M S. Diploma Courses". Securing 33% marks in the entrance test was prescribed as minimum eligibility criteria. The writ petitions bearing Nos. 2375/2001 and 2363/2001 and 3172/2001, involved a challenge to the decision of University of Rajasthan holding candidates qualified on the basis of 33% minimum pass marks for qualifying Pre -PG Entrance Test in terms of Clause 5 of the Instructions issued under Ordinance 278 -E and 278 -G of Rajasthan University Ordinance. In Writ Petition No. 3172/2001 additional prayer is made to declare illegal and unconstitutional the condition of reservation of certain classes/categories incorporated in Clause (1) of the Instructions. Whereas the petitioners in Writ Petition No. 2555/2001 seek to quash the condition appearing in Ordinance 278 -E and Ordinance 278 -G and the Instructions for the guidance of the candidates regarding Pre -PG Entrance Examination 2001" made and issued by the University of Rajasthan providing for conversion of seats reserved in favour of the service doctors into general seats.
(3.) INDISPUTABLY all the petitioners have appeared in the Pre - PG Entrance Examination, 2001 (for short the Entrance Examination) held by the University of Rajasthan on April 29, 2001. The result of the said examination was declared on April 30, 2001 an all the petitioners were declared qualified. The Convenor, Central P.G. Admission Board and Principal & Controller of SMS Medical College, Jaipur issued Notification on May 5, 2001 inviting the qualified candidates for counselling.;