Anshuman Singh, J. - (1.) By means of this petition under Article 226 of the Constitution of India the petitioner has prayed for quashing the impugned-order dated 4.4.1996 passed by Deputy Registrar and Officer-in-charge, University of Rajasthan, Jaipur, a copy of which has been filed as Annexure-3 to the writ petition. Petitioner's case is that he passed his MBBS Examination held in November, 1994 while the result was declared on 23.3.95 in which petitioner was declared failed in one subject. He was again allowed to appear for remanded batch which was held May, 1995. The result of the said examination was declared on 21.8.95 in which petitioner was declared successful. Learned counsel for the petitioner states that the respondents are going to hold Pre-PG. Entrance Examination, 1996 for admission to M.D./M.S. Diploma Course on 14.4.1996 and the petitioner has also applied for the same. It is alleged that by means of impugned- order dated 4.4.95 he has been informed that since the petitioner neither completed one year's Internship Training nor would be completing by 30.6.96, he is not entitled to appear in the Pre-P.G. Entrance Test, 1996. The learned counsel for the petitioner has produced a copy of the Instructions for the guidance of the candidates regarding Pre-PG. Entrance Examination, 1996 for admission to MD/MS/Diploma Courses issued by the University of Rajasthan. According to the said Instructions the eligibility for admission in the aforesaid examination is as, under : "All candidates seeking admission to MD and MS Courses should have obtained registration i.e. they must have completed satisfactorily one year's compulsory rotating internship after passing the final MBBS Examination and must have registration with the Rajasthan Medical Council, on or before the initial date of selection."
(2.) From the perusal of eligibility clause as indicated above, it appears that there are two conditions which a candidate has to fulfill; (i) A candidate seeking admission to MD and MS Courses to have obtained registration, that a candidate must have completed satisfactorily one year's compulsory rotating internship after passing the final MBBS Examination and (ii) must have registration with the Rajasthan Medical Council, on or before the initial date of selection. According to the petitioner the Pre-PG Entrance Examination, 1996 is to take place on 14.4.1996. Admittedly, the petitioner has not completed one year's. Internship till today and would also not be completing one year's internship on 30.6.96. The learned counsel for the petitioner contended that the declaration of the result of the petitioner was delayed by the University as such, the petitioner should be permitted to appear in the aforesaid Examination inspite of the fact that petitioner has neither completed one year's Internship nor would be completing by 30.6.96. Learned counsel for the petitioner lastly contended that the Principal SMS Medical College, Jaipur has power to grant remission of a period of one month and in case the said revision, is granted to the petitioner, he will be eligible to appear in the Pre-PG Entrance Examination, 1996 for MD/MS and Diploma Courses. It is admitted to the learned counsel for the petitioner that no such representation / application in regard to remission has been made by the petitioners till today. It is admitted that the power to grant remission vested in the Principle SMS Medical College, Jaipur which is a discretionary power which may be or may not be granted by him to the petitioners. The grant of remission in my opinion, will always depend on the facts of the each case.
(3.) For the reasons stated above, I am of the opinion that it is not a fit case for interference under Article 226 of the Constitution of India. However, in case petitioner/petitioners moves/move application for grant of remission before the Principal and Controller. SMS Medical College, Jaipur, the same shall, be disposed of according to law within a period of 15 days from the date of its presentation.;