ABHISHEK MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners by the instant petition have prayed for the following substantial reliefs :-A writ and/or an order in the nature of writ of certiorari or any other writ, do issue quashing the condition i. e. Clause No. 6. 2 of pre. P. G. Entrance Examination, 2009, prescribing that the candidates appearing the pre. P. G. Examination must be a bona fide resident of the Chhattisgarh be struck down, as violative of fundamental rights guaranteed to the citizens of India. A writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondent authorities to allow the petitioners to appear in the Pre. P. G. Entrance Examination, 2009 scheduled to be held on 11-4-2009 after accepting the form and other necessary documents available with the petitioners and if the petitioners qualify for the P. G. course, then be allowed to pursue their studies as per the rules prescribed in P. G. Medical Course.

(2.) THE case of the petitioners, in brief, is that they were selected in all India Pre. Medical Test Entrance Examination and thereafter the Government of India, Directorate of Health Services allotted them seats in the pt. Jawahar Lal Nehru Memorial Medical college, Raipur, against 15% reserved All india Quota. After obtaining degree, they got themselves registered with the Chhattisgarh medical Council (Annexure-P/3 ).

(3.) THE grievance of the petitioners is that they have obtained M. B. B. S. degree from medical College, Raipur. They have been registered by the State Medical Council and thus, they are entitled to practice medical profession throughout the country. At the time of their admission, they were eligible to appear in the Pre P. G. Entrance Examination, as per prevailing eligibility criteria under Rule 6. 2 of the Chhattisgarh Pre P. G. Admission Examination Rules. However, in chhattisgarh Pre P. G. Admission Examination 2009, eligibility criteria, as contained in Rule 6. 2 of the Chhattisgarh Medical snatkottar Pravesh Pariksha Niyam, 2004 (for short 'the Rules, 2004'), has been amended to their detriment by prescribing that the candidate seeking admission to Post graduate Course should be bona fide resident of the Chhattisgarh in terms of the definition laid down by the Government of chhattisgarh apart from other conditions.