- (1.) The petitioners in SBCWP Nos. 5264/99 and 5265/99 are serving as Medical Officers in the Government of Rajasthan who appeared in the Pre-Post-Graduate Entrance Examination for the year 1999 for admission to M.D./M.S./Diploma Courses in various colleges of Rajasthan. The examination was conducted in accordance with Ordinance 278-E and 278-G of the University Hand-Book which includes guidelines providing reservation of seats to be filled by several categories which are to the following effect:- " (a) 25% seats (irrespective of the other reservations made hereunder) will be filled in as per allocations made by the Director General of Health Services, Government of India, New Delhi, on the basis of the result of All India Competitive Entrance Examination for admission to P.G. Courses (M.D./M.S./Diploma) on open merit. (b) 25% of the seats, after excluding the seats to be filled in as per allocations made by the Director General of Health Services, Govt. of India, New Delhi as mentioned in Clause (a) above, shall be reserved for in-service candidates of Rajasthan State Medical Services in the various specialities as determined and fixed from time to time by the State Government out of which 8% seats shall be reserved for in-service natural born scheduled caste candidates and 6% for natural born scheduled tribe candidates as per roster system to be notified by the State Government from time to time. The State Government shall communicate such numbers of seats speciality-wise to the Principals of the respective Medical Colleges and the Convener, Central P.G. Admission Board (i.e. Principal, S.M.S. Medical College, Jaipur.). (c) The remaining seats shall be called "General Seats" 8% of the remaining seats shall be reserved for natural born scheduled caste candidates and 6% seats for natural born scheduled tribe candidates to be filled by roster system notified by the State Govt. The unfilled seats from those reserved under Clauses (a) and (b) shall be filled by the candidates of general category. The remaining seats reserved for SC/ST category in Clause (c) after exhausting the waiting list shall also be filled by the general category candidates. (d) All In-service Teacher (Senior Demonstrator) selected by R.P.S.C. be allowed automatic registration in Post-Graduate studies in the same subjects in which they are selected."
(2.) The Pre-P.G. Entrance Examination was held in the month of May, 1999 and the result was declared from 24th to 28th July, 1999 after which a counselling of the successful candidates was held. The petitioner was allotted Diploma in Radio Diagnosis at Jaipur but his first preference was M.D. Degree in Radio Diagnosis at Jaipur. The cause for him to move this Court by filing this writ petition arose when approx. 40-50 seats could not be filled in the category which were ear-marked for students from All India category. In terms of the guidelines and Ordinance 278-E(II) (c), the unfilled seats ear-marked for the All India category were transferred to be filled in by the candidates of Rajasthan from the general category and for this purpose reshuffling of the seats started taking place.
(3.) The petitioners felt seriously aggrieved of the action of the University of Rajasthan which took steps for filling up of unfilled seats from those reserved for the All India category by the candidates of general category as provided in Ordinance 278-E and has urged by filing this writ petition that the left-over/unfilled seats of the All India category should not be entirely filled up by the candidates who qualified in the general category but those seats should be equally divided between the general category candidates and the in-service candidates of Rajasthan. It may not be out of context to mention herein that the State of Rajasthan has made 50% reservation of seats for entrance into the P.G. Course for M.D. and M.S. to be filled up by the in-service candidates and on this anology it is submitted that the unfilled seats which were reserved for the All-India category must also be divided between the general category candidates and in-service candidates of the Rajasthan in the ratio determined by the State Government. It has, therefore, been prayed that the reshuffling for allotment of the left-over seats of the All India category be done after allotting 50% seats of the unfilled seats to the in-service candidates as a consequence of which the petitioner would be entitled for a seat for M.D. Degree in Radio Diagnosis instead of Diploma.;