AGRAWAL, C.J. - (1.) THIS special appeal is directed against the judgment of the learned Single Judge given in S. B. Civil Writ Petition No. 3853/1989 dismissing the writ petition of the appellant.
(2.) THE appellant passed M. B. B. S. examination in 1979 from the University of Rajasthan. After completing his internship in the year 1980 from M. B. S. Hospital, Kota, the appellant was appointed as Resident Medical Officer on 11-2-1983 in the hospital of Rajasthan Atomic Power Station Anushakti which was under the Department of Atomic Energy, Government of India. He was promoted in 1985 and, then, thereafter, again in 1989. As a result of the two promotions he became Medical Officer 's-C and then Medical Officer 's-D' respectively. As the appellant desired to obtain post-graduate degree in M. B. B. S. , his name was considered for sponsorship for sending hiw to join post-graduate course in the faculty of Radiology with Ultra-sound/p/jychiatry in any of the five Medical Colleges of Rajasthan. His name was referred to the Department of Atomic Energy, Government of India by the office of the Rajasthan Atomic Power Station Anushakti. A letter was issued by the Nuclear Power Corporation, Bombay approving his name for sponsorship. After receiving the letter from Atomic Energy Department, the Chief Superintendent of Rajasthan Atomic Power Station Anushakti wrote a letter dated 1-9-1988 to the Secretary, Department of Medical &health Services informing about the sponsorship of the name of the appellant for the post-graduate course in Radiology with ultra-sound /psychiatry in the Medical College located in Rajasthan. For this purpose, a request was made to the Government of Rajasthan to allot a seat in post-graduate course on the same grounds as previously allotted to Dr. K. Shringi. The Government of Rajasthan wrote to the Department of Atomic Energy, Government of India for sending the name of the appellant as nominated candidate for post-graduate course in any of the Medical Colleges of Rajasthan. His name, however, was not sponsored by the Government of India. It was thereupon he filed the writ petition. Two reliefs claimed in the writ petition were : (i) to admit the appellant in post-graduate course starting from September, 1989 as a sponsored candidate under the self financing scheme; and (ii) to provide him similar privileges and facilities as provided to students of other Institutes like Post-Graduate Institute of Medical Education & Research, Chandigarh and A. I. I. M. S. , New Delhi. The writ petition was contested by both the respondents denying that the appellant was sponsored by the Central Government. It was alleged that there was no provision in the State of Rajasthan for giving admission to any candidate sponsored by the Central Government in any of its five Medical Colleges. There was of course a provision for admission of foreign students in the five Medical Colleges of the State, in which one seat had been reserved for the said purpose. The learned Single Judge dismissed the writ petition holding that in 1989 a new scheme for admission in P. G. Medical course had been introduced, under which the University of Rajasthan had to conduct a Pre P. G. Entrance Examination in accordance with the provisions of Ordinance 278-E. This Ordinance provided for reservation of the seats in P. G. Medical course. These reservations are for the candidates (i) coming on merits in the Pre- P. G. All India Competitive Examination ; (ii) belonging to scheduled tribes and scheduled castes; and (iii) in-service candidates and the general merit list. No reservation had been made for any candidate sponsored or nominated by the Central Government. The learned Single Judge also found that there was no provision for admission to an Indian National on being sponsored or nominated by the Central Government.
(3.) ON the findings aforesaid, the writ petition was dismissed and the stay order dated 26-9-1989 was cancelled. On 26-9-1989, the appellant obtained a stay order to the following effect: ...[VERNACULAR TEXT OMMITED]... In the present appeal which was preferred against the judgment of the learned Single Judge, a stay order was again given to the following effect : ...[VERNACULAR TEXT OMMITED]... ;