PRACHI ALMEIDA Vs. DEAN GOA MEDICAL COLLEGE

JUDGEMENT

(1.) The petitioner before us was admitted into Goa medical College under the 15% all India quota. She passed out of the College in 1998 and completed the internship successfully, namely rural posting in Goa and the remaining nine months in a hospital in Delhi recognised by the Medical Council of India and, thereafter she was granted permanent registration under the Goa Medical Council and was also awarded a degree of having passed M. B. B.S. by the Goa University. She applied for admission to post graduate course in March, 2000. However, she was denied admission on the ground that she did not fulfil the condition relating to residence in State of Goa for a period of 10 years in terms of the Goa (Rules for Admi-ssion for Post graduate Degree Courses of the Goa University at Goa Medical College) Rules, 1998 (hereinafter referred to as the Rules). Rule III of the Rules reads as under :

(2.) Though, Goa Bench of the Bombay High Court had held the said Rule to be directory in character, on appeal to this Court in Civil Appeal No.1966 of 2000 (Dean, Goa Medical College vs. Dr. Sudhir Kumar Solanki),, We have upheld the validity of this Rule.

(3.) This Court in Dr. Parag Gupta vs. University of Delhi (2000) 5 SCC 684, considered the effect of decisions, in Dr. Pradeep Jain vs. Union of India (1984) 3 SCC 654; Dr. Dinesh Kumar II vs. Motilal Nehru Medical College (1986) 3 SCC 727; State of Rajasthan vs. Dr. Ashok Kumar Gupta (1989) 1 SCC 93; Anand Madan vs. State of Haryana (1995) 2 SCC 135 ; D. P. Joshi vs. State of M.P. (1955) 1 SCR 1215; Sanjay Ahlawat vs. Maharishi Dayanand University (1995) 2 SCC 762, and stated the law on the matter to be as follows :