P.S. PRIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court passed out her MBBS examination from the State of Andhra Pradesh. The petitioner appeared in the All India Examination conducted by the respondent no.2- National Board of Examinations (NBE) for admission to Post Graduate medical seats. The result of the petitioner was declared by the respondent no.2 and down-loaded by the petitioner from its website on 8.6.2013. In the said result, the States/ UT of graduation of the petitioner has been shown as Andhra Pradesh, her domicile as adopted by her is shown as Kerala, her All India rank has been shown as 794 and her percentile as 99.1165. There are two State ranks given to the petitioner- one for the State of Andhra Pradesh and the other for the State of Kerala. The rank of the petitioner in Andhra Pradesh was 99 and in Kerala it was 93. The petitioner was declared qualified in the said examination.

(2.) FIFTY percent of the Post-Graduate seats in the Government Medical Colleges fell under All India Pool whereas the remaining 50% of such seats fall in State Pool. As far as private medical colleges are concerned, 50% of their seats fall in State Pool and the remaining 50% in the Institute Pool. 50% seats falling in All India Pool are to be filed on All India level, on the basis of merit in the examination conducted by the respondent no.2. The remaining 50% seats in Government medical colleges are to be filled at State level, but again as per merit position in the examination conducted by respondent no.2. Even 50% seats in private medical colleges falling in Institute Pool are to be filled up as per merit in the said examination.

(3.) THE petition has been contested by the respondents. The main contention of the respondents is that in view of the order passed by the Supreme Court on 8.11.2011 in IA No.27 in Writ Petition (C) Nos.348-352 of 1985 Dr. Dinesh Kumar and others versus Motilal Nehru Medical College and ors., the petitioner, having passed MBBS from the State of Andhra Pradesh is not eligible to be admitted under All India Quota and that is why her name has not been included in the list of candidates called for the purpose of counselling.