S BALAJI PAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is directed against the Government Notification issued under Annexure-H promulgating rules in amendment to the Karnataka Entrance Test for Admission to Post Graduate Degree and Diploma (Medical and Dental) Courses Rules, 1987, issued under the Government Order dated 9-10-1987, restricting admission to Post Graduate Degree and Diploma (Medical and Dental) Courses to those candidates who have obtained the M.B.B.S. or B.D.S. degree from any of the Universities established by law in Karnataka and for a declaration that clause (b) of Rule 4 as amended under Annexure-H is unconstitutional and violative of Article 14 of the Constitution.

(2.) The following are the material facts:-

(3.) On completion of M.B.B.S. degree course at Poona, the petitioner applied for admission to Post Graduate Degree and Diploma Courses in Medicine and Dental Colleges which are governed by the rules called the Karnataka Conduct of Entrance Test for Admission to the Post Graduate Degree and Diploma (Medical and Dental) Course Rules, 1987, which came into force with effect from 16-10-1987. According to Rule 4 of the said Rules before amendment, a student was eligible to appear for the entrance test provided he was a citizen of India and had obtained M.B.B.S. or B.D.S. degree of any University established by law without any territorial barrier, but he should have completed compulsory rotatory House Surgeonship or Internship on or before the last date fixed for receipt of application for the entrance test. It is stated that the petitioner fully satisfied the eligibility conditions for admission to the Post Graduate course. This was so under the unamended rule.