G.S. Singhvi, J. - (1.)Whether the Government of Haryana can ear-mark/reserve seats in MBBS/BDS Courses for management quota in Post Graduate Institute of Medical Sciences, (for short, 'PGIMS'), Rohtak and Dental College, Rohtak and admissions against such seats can be made de hors the merit of the candidates determined at the entrance test by charging Rs. 25/15 lacs are the questions which arise for determination in these petitions.
(2.)In pursuance of the prospectus issued by Maharishi Dayanand University, Rohtak (for short, 'the University') for holding common entrance examination for admission in Government and private Medical/Dental/Ayurvedic Colleges/Institutions in Haryana in the year 2003, the petitioners submitted their applications with the required documents showing their inclination for admission in MBBS Course. The number of seats against which admissions were to be made were specified in Chapter IV of the prospectus, the relevant extract of which is reproduced below:
"CHAPTER-IV

NUMBER OF SEATS AND DISTRIBUTION MBBS COURSE

1. Pt. B.D. Sharma PGIMS, Rohtak

Total Seats. 150+1 (for nominee of Govt, of India).

2. Maharaja Agrasen Institute of Medical Research & Education, Agroha Total Seats: 50

Note : The admission in this college will be made only on receipt of yearly Renewal/Final approval from the Government of India, Ministry of Health and Family Welfare, New Delhi. In case sanction is not received from the Central Govt, up to the date of counselling, the decision of the competent authority shall be final in this regard."
The petitioners appeared in the entrance test held on 5.6.2003. The result of the test was declared on 9.6.2003. Their names were included in the merit list but they could not get admission apparently because in the wake of instructions issued by the Medical Council of India (for short, 'the MCI') vide letter dated 28.3.2003 (Annexure R.3 in C.W.P. No. 11565 of 2003), the number of seats against which admissions could be made in PGIMS, Rohtak was reduced from 150 to 115 and out of those seats, 24 seats were ear-marked for management quota to be offered to the candidates who could pay Rs. 25 lacs.
(3.)Two candidates, namely, Ramita Sardana and Nishant Jain, who appeared in the entrance test along with the petitioners but could not get admission on account of drastic reduction in the number of seats, which were available for general category candidates, filed C.W.P. No. 11871 of 2003, titled-Ramita Sardana and another Vs. State of Haryana and others questioning the ear-marking of seats for management quota. Similarly, one Sonia Sheoran filed C.W.P. No. 12084 of 2003 for quashing the management quota. By an order dated 4.8.2003 passed in the case of Sonia Sheoran, a Division Bench of this Court restrained the respondents from finalising the list of students from the so-called management quota. Later on, a similar interim order was passed in this case on 10.11.2003.