PREM SHANKER ASOPA, J. - (1.) Since common questions of fact and law relating to not operating the waiting list of RPMT -2008 and giving admissions in M.B.B.S. only on the basis of PC -PMT of BDS as well as 10+2 are involved in all these writ petitions, therefore, all the aforesaid writ petitions have been clubbed together, heard together and are being decided together.
(2.) BY these writ petitions, the petitioners have prayed for an appropriate writ, order or direction to the respondents to consider and give admission to the petitioners in MBBS Course in Geetanjali Medical College and Hospital by considering their candidature against the available 85% seats of 150 seats for their admission in MBBS on the basis of their respective merit in RPMT -2008 by holding counselling and further no person be admitted against the aforesaid seats from any other source except the RPMT -2008. In order to better appreciate the aforesaid issue involved in the matter, the leading facts have been taken from SBCWP No. 10858/2008 Abhishek and Ors. v. Rajasthan University of Health Sciences and others. Some of the undisputed details regarding the month/date(s) of RPMT -2008 and counselling for admission in M.B.B.S. which are relevant for the purpose of deciding the controversy are as under: 26.2.2008 - RPMT -2008 was notified. Name ofrespondent No.5 Institution at Sl.No.10in anticipation of sanction of seats.June, 2008 - Result of RPMT -2008 declared.14th to 16th - Date of first counsellingJuly, 2008.3.9.2008 - Date of Supreme Court order regardingallotment of seats to Geetanjali MedicalCollege and Hospital within a week asper statement of the Addl. Solicitor General.16.9.2008 - Sanction of 150 seats by the MedicalCouncil of India.23/24.9.2008 - Date of last counselling. Respondent No.5Institution did not participate in counselling.25 -28.9.08 - Date of admissions given by GeetanjaliMedical College and Hospital on the basisof PC -PMT BDS as well as 10+2.29.9.2008 - Date of show cause notice issued by theState for taking students as per Ordinance272 and against direction of the SupremeCourt not to change or tinker with and noncompliance with State action against theInstitution will be taken.30.9.2008 - Last date fixed by the Govt.of India foradmission in MBBS in consultation withMCI, State and University.Last week of - Between last week of September, 2008Sept.08/ and 2nd week of October, 2008 all thesecond week of aforesaid writ petitions were filed afterOct.2008 notice for demand of justice.Schedule -A. Date of filing the writ petition,interim order(s) passed in SBCWPNo. 10858/2008 and other writ petitions.
(3.) THE main grievance raised in these writ petitions by the petitioners is that they all stand in the merit list prepared by the University in the RPMT -2008 but could not be admitted for want of seats but when the seats were made available on 16.9.2008, the list was not operated by the respondents which has resulted in sacrificing the merit or circumventing the same by admitting students from PC -PMT of BDS as well as 10+2 examination in MBBS Course by Geetanjali Medical College and Hospital against all 150 seats contrary to Regulation No. 5 of the M.C.I. Regulations on Graduate Medical Education, 1997 (in short the MCI Regulations, 1997'), Ordinance 272 of the University and Supreme Court judgments therefore, the said action of the Geetanjali Medical College and Hospital is not only contrary to Regulation No. 5 of the MCI Regulations, 1997 and Ordinance 272 of the University but violative of Article 14 of the Constitution of India as well as various judgments of the Supreme Court.;