- (1.) This writ petition has been preferred by Dr. Sreyas Sharma inter alia with the prayer that the action of the respondents in excluding the colleges run by other private statutory Universities in the eligibility clause of Instruction Booklet for State Medical and Dental PG seats On-line Allotments, 2016 issued by Respondent No.2 on the basis of AIPGMEE (NBE)/AIPGDEE (AIIMS)-2016 for Rajasthan, being illegal and unconstitutional, may be quashed and set aside.
(2.) According to the averments made in the writ petition, the petitioner has passed out his MBBS Degree in March, 2015 from National Institute of Medical Sciences University/Medical College created under the statute in the 1 name of NIMS University by the Act passed by the State Legislature, notified in the Gazette notification dated 29.03.2008. Such University has been duly recognised by Medical Council of india (for short 'MCI') under Section 10 of ' the Medical Council of India Act (for short ‘MCI Act').
(3.) Mr. Mahendra Shah, learned counsel for the petitioner submitted that earlier the Central Government was organizing separate examination under 50% quota in the name of All India Post Graduate Medical Entrance Examination and the State Government used to organize examination for remaining 50% seats for giving admission to different medical colleges run by different statutory Universities. In 2016, the Central Government decided to conduct All India Post Graduate Medical Entrance Examination, 2016 (for short ‘AIPGMEE, 2016') for filling up 50% of all India seats meant for Central Government. Remaining 50% seats were to be filled from common merit list prepared under AIPGMEE, 2016. It is applicable for those States, which have give their consent for common examination. The State of Rajasthan has given its consent for filling its 50% quota seats from AIPGMEE, 2016 instead of conducting the examination and therefore, it is bound by the guidelines and the instructions issued by the National Board of Examinations (for short 'NBE') as per the MCI guidelines under the MCI Act. Learned counsel in this respect referred to Clause 9B of Information Bulletin for AIPGMEE, 2016 and submitted that this clause provided for admission to medical seats, other than all India 50% quota seats in various States. It is stated therein that State authorities namely the Director of Medical Education of the State/Principal Secretary of Medical Education/Vice-Chancellor/Principal/Superintendent of Institute or any other competent authority may approach the Ministry of Health and Family Welfare, Government of India for obtaining result and data of the candidates for AIPGMEE, 2016 from NBE. NBE shall be providing only the data of candidates and their results without applying the reservation prevalent in these particular states. The merit list/category wise lists for the State/University concerned shall be generated by the State itself as per their qualifying criteria, applicable guidelines and state reservation policies. Names of the States have also been provided therein, who at the time of publication of Bulletin have confirmed to NBE that they shall not be conducting their own entrance examination and shall make use of AIPGMEE, 2016 for admission to MD/MS/PG diploma courses under their control, which also includes name of State of Rajasthan. List of medical colleges of participating State Governments was also annexed therewith as Annexure-B, which also included name of NIMS College, Jaipur.;