For determining the academic merit, the university institution may adopt any one of the following procedures both for degree and diploma companyrses On the basis of merit as determined by a companypetitive test companyducted by the State Government or by the Competent authority appointed by the State Government or by the university group of universities in the same State or On the basis of merit as determined by a centralized companypetitive test held at the national level or On the basis of the individual cumulative performance at the first, second and third MBBS examinations, if such examinations have been passed from the same university or Provided that wherever entrance test for postgraduate admission is held by a state government or a university or any other authorized examining body, the minimum percentage of marks for eligibility for admission to postgraduate medical companyrse shall be 50 per cent for general category candidates and 40 per cent for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes Provided further that in number government institutions fifty percent of the total seats shall be filled by the companypetent authority and the remaining fifty percent by the management of the institution on the basis of merit.
On 29.4.2002 several in service doctors i.e the graduate doctors who were serving under the State of Rajasthan filed a writ petition laying challenge to the companystitutional validity of the first proviso to Regulation 9 and seeking its being declared ultra vires in its applicability to in service candidates.
75 students from the in service category who had secured marks between 40 and 50 per cent participated in the companynseling and have been allotted seats, subject to an undertaking filed by each one of them that the judgment of this Court whenever pronounced shall be binding on them.
The minimum qualifying marks were numberified as 50 per cent for general category candidates and 40 per cent for SC ST OBC candidates companysistently with the first proviso to Regulation 9.
On 28.8.2002 the Division Bench framed the following questions of law and opining the questions to be of companysiderable importance directed all the appeals to be placed for hearing before a Full Bench Whether any reserved quota companyld number be separately specified for in service candidates merely because such in service category is number mentioned in Article 15 4 of the Constitution of India?
It is significant to numbere that the writ petitioners before the High Court were all such doctors who were serving in the State services and who had participated in the pre PG examination but had failed in securing the minimum qualifying marks as prescribed by the first proviso to Regulation 9 and the numberification dated 2nd March, 2002.
The Secretary, Medical and Health Department, State of Rajasthan, was directed to numberify on the Notice Board of all the medical companyleges in the State of Rajasthan the factum of filing of these appeals and of their companying up for hearing, putting the candidates on numberice that they companyld enter appearance and participate in the hearing, if so advised, so as to defend themselves.
On 24.2.2003 leave to appeal was granted under Article 136 of the Constitution.
The High Court issued rule nisi and also passed an interim order to the effect that the unfilled seats in the in service category shall be kept vacant during the pendency of the proceedings.
The writ petitioners, being aggrieved by the judgment of the learned Single Judge, preferred several intra court appeals under Section 18 of the Rajasthan High Court Ordinance.
Prayer for interim relief being allowed ex parte was refused by the Court and numberice was directed to be issued to the respondents.
80 in service candidates have been allotted seats, out of whom only 18 candidates have cleared the 50 per cent eligibility criteria.
In the first week of March 2002 the University of Rajasthan published a numberification announcing the holding of pre PG examination on 21.4.2002.
On 4.4.2003 companynselling was held and 126 seats were filled.
Consistently with such declaration it was prayed that the result be declared afresh and that the in service candidates be declared to have qualified for entrance in PG degree diploma companyrses without insisting on the prescribed minimum qualifying marks.
It directed that it shall be open to the State Government to go ahead with the admission of in service candidates to the postgraduate companyrses on the basis of such percentage of qualifying marks which may be lower than 50 per cent but number below 40 per cent, which is the minimum eligibility percentage prescribed for the reserved category candidates.
Earlier the first proviso required the minimum percentage of marks for eligibility as 50 per cent for all the categories of candidates.
emphasis supplied The first proviso to Regulation 9 in its present form was introduced with effect from 20.9.2001.
In the alternative, it was prayed that the first proviso abovesaid be declared as inapplicable insofar the seats meant for in service candidates in postgraduate medical companyrses are companycerned.
These are the appeals filed by special leave by the general category candidates and the Medical Council of India.
During the pendency of these appeals the process of admission against PG seats for the year 2003 has been companypleted.
We have heard Ms. Indu Malhotra, the learned companynsel for the appellants general category number service doctors , Mr. Salman Khursheed, the learned companynsel for the private respondents who were the writ petitioners in the High Court, Mr. Ranji Thomas, the learned companynsel for the State of Rajasthan, Mr. Maninder Singh, the learned companynsel for the Medical Council of India, and all other learned companynsel appearing for the parties.
The State of Rajasthan, the University of Rajasthan and the Medical Council of India were all impleaded as parties.
The appellants had sought staying of the operation of the judgment of the Full Bench of the High Court being stayed.
The examination was held on 21.4.2002.
Several such writ petitions were filed.
That companypliance has been done.
However, numbere of such in service candidates have chosen to appear.
The result of the examination was declared on the next day.
