M.L.Joshi, J. - (1.) This petition, under Article 226 of the Constitution of India seeks by appropriate writ, direction or order quashing of the notice Annexure 5 of the Principal and Controller of S. M. S. Medical College dated 15th of May. 1975, and as a consequence it is prayed that the respondents Nos. 1 and 2 be directed to hold selection of the students to the postgraduate medical training in accordance with the criteria laid down in the regulation framed under Section 33 of the Indian Medical Council Act hereinafter called the Act,
(2.) Certain facts giving the background of this petition deserve to be noticed to understand the nature of the relief and the circumstances in which it is being asked for.
(3.) The petitioner passed his final M.B.B.S. Examination from S. M. S. Medical College, Jaipur in May, 1974. Thereafter he completed one year of compulsory rotating internship training which was completed on 14th of May. 1975 and obtained full registration with the Medical Council The Principal S. M. S: Medical College, non-petitioner No. 1. notified a scheme on 18th of April, 1975, containing guidelines on which the admissions were to be made for selection and appointment of Resident House Officers, Registrars, C.M.Os., Assistant Pathology, Junior Demonstrators and full time past-graduates. Under the aforesaid scheme, selection for the post of Resident House Officer was to be made strictly according to the merit on the basis of aggregate marks secured in all the three University M.B.B.S. Examinations. Some students raised objections to the scheme dated 18th of April, 1975, as it was a departure from the long established practice adopted by the medical colleges of the Rajas than and the State Government consulted all the Principals of five Medical Colleges in Rajasthan and after obtaining information from various colleges outside the State in regard to the criteria for admission to the post-graduate training decided to switch back to the criteria which have hitherto been followed in the matter of selection to the post-graduate training --a fact which has not been controverted by the petitioner. According to the criteria hitherto followed the selections to the post-graduate training were to be made on the merits judged on the basis of aggregate marks in the final M.B.B.S. Examination. Accordingly under the directions of the State Government, the non-petitioner No. 1 notified that the selections for the Resident House Officers (full paid graduates) Resident Senior House Officers etc. would be made for the year 1975 as per the practice followed in the year 1974. The applications were therefore invited calling upon the candidates to express their preferences clearly in the applications and submit the same latest by 19th of May, 1975 (vide Annexure 5).;