- (1.) The question that falls for consideration under the admitted facts and circumstances of this case is one of discrimination between married and unmarried girls on the ground of their domicile while granting admission into the Post-Graduate Course of Medicine.
(2.) The circumstances which give rise to this question is that the petitioner Miss Sharda Meel who is a bona fide resident of Rajasthan, after having passed the MBBS from Chandigarh appeared in the Pre-P. G. Entrance Examination held in the year 1997-98 and having been declared successful in the same, appeared for the interview for admission into the course. Just on the verge of her admission, a letter was issued to her dated 2-9-97 as contained in Ex. 8 of this writ petition, whereas she was informed that although she has passed out the Pre-P. G. Entrance Test, it was detected in course of the interview that she had passed out MBBS from Chandigarh which made her ineligible for admission in P. G. Course in Rajasthan in view of the provision under Ordinance 278-E, Clause (iii). Since the whole case hinges upon this Ordinance which is coming in the way of the petitioner, it is relevant to quote the same for facility of reference, which is as under :- "Ordi. 278-E. Eligibility for admission. (iii) For seats not reserved in the sub-clause (II), candidates must have passed final MBBS 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, whereby they secured admission on All India Competitive basis. Besides, those lady doctor/spouse who are not born in Rajasthan and because of their marriage they have become bona fide 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."
(3.) The whole objection of the respondents while denying admission to the petitioner in the P.G. course is based on the fact that she is ineligible for a seat into the course as she is not seeking a seat in the P.G. course by virtue of her marriage in Rajasthan nor she has obtained her MBBS degree from any of the University of Rajasthan.;