ANUPAM GUAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. With the consent of the parties the matter has been heard and is being disposed of finally.

(2.) The petitioner claims himself to be a permanent resident of the National Capital Territory of Delhi. In terms of the memo of understanding between the Medical Council of India and the Ministry of Higher Secondary and Special Education of the then USSR, the Govt. of India used to nominate 50 Indian students for under-graduate medical education and 50 students for post-graduate level medical education in the medical institutions in the erstwhile USSR. In terms of the Bulletin of Information for Admission in USSR, an entrance test is held and the students used to be selected strictly in order of merit for admission to the under-graduate and post-graduate level medical education in the institutions in Russia. Petitioner appeared in the entrance examination conducted on All India basis by the Medical Council of India for admission in one of the colleges in the erstwhile USSR and on his being declared successful in such examination, he was nominated by the Medical Council of India for admission to study under-graduate Medicine in Kharkov Medical University, Ukraine, USSR. The petitioner cleared his under-graduate course in Medicine from that University and was registered with the Medical Council of India on 14/03/1995.

(3.) Respondent No. 3 offers courses in post-graduate medical education and 75% of the seats are reserved for students who had completed their under-graduate course in medicine from that University. Prior to April, 2000 candidates who were allotted a seat by the Medical Council of India in an institution outside Delhi within 15% all India quota were not permitted to participate in the entrance examination against 75% quota for admission to post-graduate course offered on the ground that the same was earmarked only for the students who had graduated from respondent No. 3 university. The Supreme Court, however, in a judgment reported as Dr. Parag Gupta v. University of Delhi, (2000) 5 SCC 684, held that students admitted to the under-graduate courses in medicine under the All India quota of 15% and had migrated to different States/Union Territories to pursue their course, after passing the degree course, held, cannot be debarred to compete for admission to the post- graduate course in their home States/Union Territories irrespective of any preference adopted there for selection. Since the petitioner was not admitted to the under-graduate course in medicine in a University in the U.S.S.R. under the All India quota of 15%, his admission form was not accepted by the University for admission to the post-graduate course which resulted in the filing of the present writ petition.