GADANI SAMIR D Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioners seek a declaration that the decision of the respondent authorities to club together the students including the petitioners passing the Third MBBS Examination under the old Course and the students passing the Third MBBS Examination under the new Course for the purpose of admission to the Post Graduate Courses in January, 1996, is arbitrary and voilative of Article 14 of the Constitution of India and pray for a direction that the respondents should allot l/4th of the total seats available for admission to P.O. Courses for the year 1996, to the petitioners and other similarly situated students and 3/4 seats to the new Course students. In the alternative, a direction is sought that the respondents should allot the entire 75% of the total seats for the students seeking admission to P.G. Courses in the term starting from January, 1996. By an amendment in the petition, a declaration is now sought that Rule 1.1 (e) and Rule 7.1 (v) of the Post Graduate Admission Courses Rules of 1996, are unconstitutional and void and therefore, cannot be enforced.

(2.) The petitioners belong to a batch which was admitted to First MBBS Course in 1989. They cleared their First MBBS in June, 1991, Second MBBS in December, 1992 but failed in the Third MBBS Examination which was held in June, 1994, thereafter passing the same in December, 1994. They cleared the Examination under the old Course. Their internship period of one year was over in December, 1995 and they are aspiring to join Post Graduate Course, the admission to which is yet to be given for the term commencing from January, 1996. When they had joined the First MBBS Course in January, 1989, they were due to appear in the examination in December, 1990, but that examination could not be held because of some agitations and ultimately it was held in June, 1991. According to the petitioners, they had therefore, suffered a disadvantage of not being able to appear at the examination which was due to be held in December, 1990.

(3.) Under Rule 2 of the Rules governing the admission to the Post Graduate Degree and Diploma Medical Courses other than M. Ch. and D.M. at the affiliated Medical Colleges (effective from 1.1.1996), 25% of the total available seats in an academic year in various Post Graduate Degree and Diploma Courses in each subject are required to be filled up on the basis of All India Competitive Entrance Examination as per the directive of Hon'ble the Supreme Court and as per rule 3 remaining 75% of the total seats will be filled up by the "Admission Committee" of the University. For the purpose of this selection to be done once in each academic term, first academic term would be from 1st January to 30th June and second academic term would be from 1st July to 31st December as per Rule 3.1. It is also provided in Rule 3.2, that seats allotted under Rule 3 will be distributed in the ratio of 3:1 for the First and Second Academic Term respectively. Therefore, 3/4th of the 75% of total seats was allotted to the First Term and 1/4th to the Second Term. The Vice-Chancellor is, under Rule 3.3, empowered to make adjustment of seats as the circusmstances may demand.