BHAVESH M TALSANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India seeking direction against the respondent authorities directing them to take separate interviews for minor batch of 1996 for seats equivalent to 1/3rd number of seats allotted to major batch of 1996. The petitioners have further sought directions against the respondent authorities to evolve a transparent system of interview where a candidate moves in advance and knows minute by minute the position of vacancies in various subjects. By way of an amendment to the petition, the petitioners have further sought a declaration to the effect that Rules 3.1 and 4.8 of the Rules governing admission to Post Graduate Degree and Diploma Medical Courses framed by the Gujarat University, the respondent No.3 herein, as ultra vires the Article 14 of the Constitution of India.

(2.) The brief facts, giving rise to the present petition, are that the petitioners are students of old course of MBBS and they have passed their HSC Examination in the month of June 1996. Due to various litigations pending in this Court, in respect of conflict between premedical students and standard 12th students and their respective colleges etc., the petitioners lost one term in the 1st MBBS and as a result thereof the admissions which should have been given in August 1996 were given in the month of November 1996 and the College had started on 6th December 1996. Because of this late admission in the first MBBS the term of first MBBS was not granted by the Gujarat University and their 1st MBBS examination was taken in the month of May 1998, i.e., one month later than the required period of 18 months after taking admission of exams of 1st MBBS. The Second MBBS exams were taken in the month of November 1999, i.e., 2 months later than the required period of 18 months after passing 1st MBBS exams. The 3rd MBBS examination was taken in the month of August 2001, i.e., two months later than the required period of 18 months after passing 2nd MBBS examination. Because of illness and because of several other factors, the petitioners have passed either the first MBBS or 3rd MBBS examination in the 2nd attempt and, thus, the petitioners are known as "Minor Batch" of the year 1996.

(3.) It is stated in the petition that the delay of around 9 months over the period of around 4 1/2 years study for MBBS Degree Course has resulted in a situation where the petitioners who are of the Minor Batch and whose interviews should have been taken in the month of January/February 2003 were being taken in the month of May 2003. It is further stated that as per the rules governing the admission to Post Graduate Degree and Diploma Medical Courses, selections/interviews would be done once in each academic term. The 1st academic term would be from 1st May to 31st October and 2nd academic term would be from 1st November to 30th April of the next year. As per the provisions contained in Rule 3.2, the seats should be distributed in the ratio of 3:1 for the 1st and 2nd term respectively. Accordingly, the Minor Batch would be allotted 1/3rd seats in Degree and Diploma Courses as allotted to the Major Batch.