BHANDARI, J. - (1.) By these writ petitions, a challenge has been made to Ordinance 278-E and 278-G of University of Rajasthan as adopted by Rajasthan University of Health Sciences (hereinafter referred to as "the University") apart from the challenge to sub-clause (v) of Eligibility Clause Category (B) and (C) of the instruction booklet issued by the respondent University pertaining to Pre Post Graduate Medical Examination, 2009. Petitioners have prayed for grant of consequential relief for treating them to be eligible for Pre P.G. Examination of 2009.
(2.) Respondent University issued instruction booklet for the purpose of Pre P.G. Examination of 2009. In para (1), it is provided that out of total seats available in various MD/MS/Diploma courses, 50% of the seats would be filed as per the allocations made by the Director General of Health Services, Government of India, New Delhi. This allocation would be made on the basis of All India Competitive Entrance Examinations for admission to P.G. Courses on open merit system, which is as per the direction of Hon'ble Supreme Court of India. Remaining 50% of total seats available would be filled on the basis of merit pursuant to the Pre P.G. Medical Examination, 2009. The present writ petitioners pertain to 50% of the seats to be filled pursuant to Pre P.G. Entrance Examination, 2009 conducted by the respondent university. In para 2 of the instruction booklet, eligibility for admission is being specified. In sub- para (v), three categories have been provided for General (Non-Service) candidates. The main dispute pertains to category B and category C, which are quoted hereunder for ready reference: "For General (Non-Service) Candidates: Candidates must fulfill the criteria for eligibility in one of the three categories listed below: Category A..... Category B: Candidate (i) is a bonafide resident of State of Rajasthan (ii) was admitted to a medical college, through all India Competitive basis i:e. through Pre Medical Test conducted by any Government (Central/State) agency, and (iii) has passed the final MBBS Examination from the medical college recognized by the Medical Council of India. The candidate must submit an attested copy of the Bonafide resident certificate in support of (i) above from competitive authority to Government of Rajasthan. The candidate must submit the certificate in support of (ii) and (iii) above from the principal of the Medical College in the format specified in the application form. Category C: Female Candidate married to a bonafide resident of State of Rajasthan and has passed the final MBBS Examination from the Medical College, recognized by the medical Council of India. Such candidates must submit an attested copy of the bonafide resident certificate or her husband and an attested copy of the marriage certificate issued by the competent authority.
(3.) Since a reference of Ordinance 278-E and G of the Rajasthan University as modified and adopted by the respondent University exists in para (i) of the instruction booklet, hence the Ordinance 278-E is also quoted to the extent, it is relevant to the present case: "278-E...For seats not reserved in sub-Clauses (a) and (c) of the Clause II, candidates must have passed Final M.B.B.S. examination from the University of Rajasthan or the candidates should have been nominee of the Rajasthan Government and was admitted to the M.B.B.S. course as State nominee in a Medical College outside the State of Rajasthan and has obtained the M.B.B.S. Degree from a medical College from outside the State of Rajasthan, where they secured admission on All India Competitive basis. Besides, those Lady doctors/spouse who are not born in Rajasthan and because of their marriage and they have become bonafide residents of Rajasthan, shall also be eligible, subject to the condition that they have passed their M.B.B.S. examination from a Medical College, recognised by Medical Council of India.;