SUDHIR KUMAR GUPTA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner is a resident of Delhi. He took the entrance examination for admission to MBBS conducted by the university of Delhi in the year 1994 to fill up 75% seats in different institutions in Delhi. He was admitted in the university College of Medical Sciences, shahdara, Delhi for pursuing his degree in MBBS.

(2.) It appears that though he was selected in All India Institute for Medical Sciences under the 15% quota of seats to be filled up on all India basis, he did not join the same as he had already been admitted in the University of Delhi. In the year 1999, he graduated in MBBS from the university of Delhi and he applied for entrance test to be conducted by the university of Delhi for postgraduate medical examination. He was found to be not eligible for the said examination on the ground that he had not completed one year of compulsory rotating internship after passing the final MBBS examination from the University of Delhi on or before 31.3.2000. He appeared for the postgraduate medical course held on 13.2.2000 and his name appeared in the merit list based on the marks obtained in the screening test. However, his name was little low in the merit list and he was not able to take admission in his chosen/ opted medical course, so he opted to withdraw. Then again in December, 2000, a bulletin of information for postgraduate degree etc. in medical science for the session 2001 was issued and the petitioner found that a rule had been framed to the following effect:

(3.) The petitioner is challenging the said rule on the ground that the eligibility criteria set forth therein gives unfair advantage to those candidates who have done their MBBS in 15% quota of seats on all india basis from other states and are residents of Delhi as they will be eligible for 75% seats in the respective states and also for 75% seats in Delhi plus 25% seats of the all India quota and would give them the benefit of eligibility for 75% seats while a candidate like the petitioner who is a resident of Delhi and has done his MBBS from Delhi would be eligible for 75% seats of Delhi only as he cannot give the postgraduate examinations of other states except for 25% seats of all india quota and his chances of getting admitted into the postgraduate course in the University of Delhi have become bleak.