JUDGEMENT
M.N. Bhandari, J. -
(1.)THE bunch of writ petitions involves same issue for decision thus have been heard and are decided by this common order.
(2.)ALL these writ petitions pertain to admission in Pre -Post Graduate Medical Entrance Examination -2011 (for short 'Pre -PG Entrance examination') for admission to MD/MS/Diploma Courses conducted by the Rajasthan University of Health Sciences, Jaipur (for short 'the University'). Petitioners herein applied for Pre -PG entrance examination, however, their candidature have not been considered in view of eligibility condition No. 2(B) of Instructions Booklet applicable to general (non -service) category candidates. Aforesaid condition provides that one should have passed MBBS examination from the University of Rajasthan/Rajasthan University of Health Sciences and have completed satisfactorily one year's compulsory rotating internship or would be completing the same before 30th April, 2011 with some other candidates.
Learned Counsel for Petitioners submit that eligibility condition No. 2(B) of the Instructions Booklet is violative of Article 14 of the Constitution of India. It is providing 100% institutional reservation in favour of those who have passed out their MBBS examination from University of Rajasthan or the Rajasthan University of Health Sciences, whereas, 100% reservation cannot be made for admission. Petitioners belong to State of Rajasthan but had undertaken MBBS examination through a medical college/University in other state than state of Rajasthan. Few Petitioners had even taken admission in MBBS course by competing against 15% quota filled by all India entrance examination (AIPMT). Petitioner (in Writ Petition No. 638/2011) is a meritorious candidate, qualified the aforesaid entrance examination thus took admission in other State/University. Petitioner has now completed his MBBS course as well as internship and is otherwise registered with the Rajasthan Medical Council. He has been debarred for admission in PG course on account of aforesaid condition in the Instruction Booklet. The condition so imposed goes contrary to the judgment of the Hon'ble Supreme Court in the case of "Dr Parag Gupta v. University of Delhi and Ors. reported in : 2000(5) SCC 684, wherein, in the similar circumstances, Hon'ble Apex Court allowed admission to a candidate undertaken MBBS course from other State. It was held that a candidate undertaken MBBS examination from other State by competing All India Pre Medical Test against 15% quota would be entitled to get admission in his own State irrespective to his completion of MBBS course in other State.
(3.)IT is further urged that even the Respondent University were provisionally permitting similarly situated candidates to undertake PG course in state of Rajasthan if they completed their MBBS course in other State through AIPMT, however, after the year 2009 such practice has been stopped in an illegal manner and, that too, without justifying their action. It is, accordingly, prayed that condition No. 2(B) of the Instructions Booklet may be struck down and Respondents may be directed to allow the Petitioners to seek admission in PG course pursuant to the entrance examination. This is more so when by the interim order dated 18.1.2011 Petitioners have already appeared in the Pre PG examination.
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