M.N. Bhandari, J. - (1.) BY this writ petition, a challenge is made to the office order dated 03rd August, 2015. The candidates were selected/registered with nomination of guides mentioned against their names. It is after the admission of petitioners and others in the PG Medical Courses.
(2.) A further challenge is made to the office order dated 24th June, 2015 (Annexure - 4) whereby for separate disciplines, number of students were given three years' residential scheme on merit -cum -preference basis. Learned counsel for the petitioners submits that an All India Pre PG Entrance Test was conducted. The merit list was thereupon drawn followed by the admission. Since, seats for PG are bifurcated in State and All India Quota, admissions were made as per merit list of All India Entrance Test because State of Rajasthan did not conduct separate entrance test for admission in PG Course. After admission of the candidates, they were to be allocated guide, which is based on merit -cum -preference as is coming out from the order dated 24th June, 2015. It is alleged that ignoring the merit -cum -preference, the allocation of guides has been made. The non -petitioners made allocation of guides in reference to the Circular dated 12th January, 2006 whereas it was not applicable to the present case. As per the said Circular, allotment of guide is to be made in the manner given in para Nos. 2 & 3. Those candidates, who appeared in Rajasthan Pre PG Entrance Test, would be allocated guide based on merit -cum -preference on odd numbers, like 1, 3, 5, 7, 9, 11, etc. and those, who appeared and remained successful against All India Quota, would be given even number, like 2, 4, 6, 8, 10, etc. Accordingly to the aforesaid, first seat will go to the State Quota and second will go to All India Quota. In the case in hand, the State of Rajasthan did not conduct Pre PG Entrance Test, thus question of application of para Nos. 2 of the said Circular does not arise. The All India Entrance Test was conducted and has been applied by the State Government for filling up seats of State Quota. In the background aforesaid and as per the order dated 24th June, 2015, the guide should have been allocated based on merit -cum -preference without making bifurcation between State and All India quota. The non -petitioners have made bifurcation between State and All India quota without entrance test by the State of Rajasthan, thus allocation of guide becomes illegal.
(3.) A reference of judgment of this Court in the case of Dr. Gajendra Anuragi & Ors. Vs. Principal of SMS Medical College & Controller of the Attached Hospital, Jaipur & Ors. in SB Civil Writ Petition No. 276/2014 decided on 28th March, 2014 has been given.;