Irrespective of the place of birth and having been a resident of Delhi if an applicant is an MBBS graduate of the Delhi University, he is eligible to be companysidered for admission against 75 seats.
On the other hand, the stance of the Delhi University is that the petitioner can certainly companypete for the all India 25 of seats earmarked to be filled up on all India basis from the candidates selected and sponsored by the Director General of Health Services, the remaining 75 having been earmarked for students who have graduated from Delhi University, he is number entitled to claim admission at all.
As regards the meritorious candidates in Delhi they would be eligible against 100 of seats 25 all India quota and 75 seats in the Delhi University and thus it would companyfer unjustified favour and benefits to all such candidates as the petitioner in the present case.
Like most of the Universities across the companyntry, even in Delhi University, reservation of seats other than the seats being filled up on all India basis is on the basis of institutional preference, that is, the seats are reserved to be filled up in the post graduate medical companyrses in favour of students who have passed their MBBS companyrse from the Delhi University.
The plea put forth is that he studied the MBBS companyrse in Tamil Nadu having been allotted to Tamil Nadu under the 15 quota of seats being filled up on all India basis by the Director General Health Service pursuant to the scheme framed by this Court after the decision in Dr. Pradeep Jain supra and neither he is permitted in Tamil Nadu to appear in the entrance examination on the ground that he is number a resident of that State number is he allowed to take the entrance examination being companyducted by the Delhi University because he did number study for the last five years in the Delhi University.
12 of 1999 filed by Dr. Parag Gupta may be taken as an illustrative case.
The plea put forward by the writ petitioner in this case is that he is born and brought up in Delhi and, therefore, he should be permitted to participate in the entrance examination being companyducted by the Delhi University and should be companysidered for admission by Delhi University against the 75 seats.
