RATHORE, J. - (1.) SINCE all the aforementioned writ petitions involve common question of law, therefore, they are being decided by this common order.
(2.) ALL the petitioners are MBBS Doctors and are working as Medical Officer in various hospitals of Government and have been posted in rural/tribal/hilly areas. The main controversy in the aforesaid writ petitions are with regard to eligibility for admission in Pre PG Medical Examination, 2005. In Service category candidates are only eligible, in case, they have completed two years service in rural areas i. e. desert/hilly and tribal parts of the State. For counting this period, the respondents prescribed the cut off date as 13. 02. 2005 and in case, any candidate has completed two years experience of service on or before 13. 02. 2005, in that eventuality only In Service candidates are eligible for admission in Pre P. G. Medical Examination, 2005. The petitioners have claimed relief from this Court that all the petitioners be treated eligible for admission in In Service category by counting the period of two years service upto 30. 04. 2005 as has been extended to other general category candidates. It is also prayed that the Instructions of the University of Rajasthan for Pre P. G. Medical Examination, 2005 be declared illegal and be quashed and set aside. Since the examinations have already been held, therefore, the petitioner prayed to declare the result of the petitioners, who appeared in the examination in the category of In Service and the respondents be directed to allot specialities as per their own merit in the category of In Service. The petitioner has challenged the instructions of the University and fixing of dates for counseling to adjudge the suitability on the ground that fixing of two different dates for appearing Pre P. G. Medical Examination, 2005 is not only discriminatory, but also arbitrary and violative of provisions of Article 14 of the Constitution of India as the instructions are not having uniform application so far as in service category. Learned counsel for the petitioners referred the instructions issued by the University. The instructions provided that no admission will be made after 31. 05. 2005 and as per notification of counselling, course will start from 2. 05. 2005. There is no jurisdiction to see or fix cut off date for in Service candidates on the last date of receiving forms i. e. 31. 1. 2005 or 13. 2. 2005 i. e. date of examination. Learned counsel for the petitioner further submits that in the previous years, there was a common cut off date for In Service candidates and the practice was deviated in 2005 without any jurisdiction by fixing two different dates for In Service and general category.
(3.) ALL India Entrance Examination for MD/ms/pg Diploma and MDS course was conducted by ALL India Institute of Medical Science on 9. 01. 2005 and those candidates who completed their training on or before 31. 03. 2005 were also eligible by giving likely date of completion of intership. In support of his submissions, learned counsel for the petitioners placed reliance on the judgment rendered in case of State of M. P. vs. Gopal D. Tirthani reported in AIR 2005 SC 2952, wherein it was held that for Pre. P. G. there has to be a common entrance test even if there are two separate channels of entry and there can be only one such test for determining eligibility for Post Graduation. In case of G. N. Nayak vs. Goa University & Ors. reported in 2002 (2) SCC 712 wherein the Hon'ble Supreme Court has held that the Court has to consider the intention of the University in laying down the condition of eligibility and court should not proceed on a technical view and legalistic approach. ;