CHETAN GOYAL Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) PETITIONERS in all these cases question the legality of the Circular issued by the Education Department of the State Government dated 21. 1. 2009 to all the Universities in the State and the directions issued to amend the eligibility criterion laid down in the Post Graduate Medical Admission Rules, for admission to the Post Graduate Courses from 50% State Quota. Following the above mentioned Circular, various Universities in the State of Gujarat carried out necessary amendments to the P. G Admission Rules of respective Universities for admission during the current year. Government in its Circular referred to the report of Dr. Kanubhai Kalsaria Committee and stated that Committee has found that in so far as the State Quota of 50% for Post Graduate Admissions, the requisite qualification which defined the eligibility, was not properly stipulated for the Universities of Gujarat compared to other States. Further it was also pointed out that it would be an anomaly if students who have not passed through HSC from Gujarat and whose parents are not domicile in the State get admitted to the State Quota. Government therefore, directed the Universities to amend the eligibility criteria for admission to Post Graduate Medical Courses from the State quota of 50% as follows:-

(2.) PETITIONERS in all these cases have completed their MBBS from various Medical Colleges in the State of Gujarat, after getting themselves admitted to the MBBS Course under the 15% quota reserved for All India Pre-Medical Test Quota (AIPMT ). Petitioners had passed their 12th Standard from schools situated outside the State of Gujarat. After getting admission to MBBS Course in various colleges in the State of Gujarat under AIPMT quota, they completed their MBBS course successfully but are not permitted to compete with their fellow students for admission to PG Decree course in the State of Gujarat on the ground that they had not passed 12th standard from educational institutions situated within State of Gujarat. Along with the petitioners there were also students who had got admission to MBBS in the 85% State quota, who had passed their 12th Standard from the institutions situated in State of Gujarat, but they can apply even though they have studied with the petitioner for the MBBS course in the same college. Petitioners submit that Circular dated 21. 1. 2009 and the consequent amendment effected in the Post Graduate Admission Rules by various Universities is illegal and violative of Articles 14, 15 and 21 of the Constitution of India and also contrary to various judgments rendered by the Supreme Court.

(3.) DETAILED counter affidavit has been filed on behalf of the State of Gujarat. Counter affidavit refers to the report of Dr. Kanubhai Kalsaria Committee and states that the above mentioned eligibility criteria has been prescribed with a view to get more representation to the students of the State in the matter of admission to P. G Medical Courses in various Government and Government aided Medical Colleges. Detailed reference has been made in paragraph 7 of the counter affidavit with regard to the situation prior to the issuance of the communication dated 21. 1. 2009 and stated that if 15% All India Quota filled in with students from out-side the State are allowed to compete in the 50% State Quota, then students who belong to State of Gujarat would get less opportunity for admission to P. G Medical Courses in the State. It is stated that most of the students taking admission in 15% All India Quota are from outside the State and most of them would return back after completion of the P. G Course. State Government has stated it spends huge amount for their training, but their services are not available for the local populace and non-availability of doctors in Primary Health Centres/community Health Centres and in the Medical Colleges have caused considerable prejudice to the State. Further it is stated that doctors coming from other States are not knowing Gujarati language and they are not able to understand the local Gujarati dialect. Counter affidavit also states that in many States in the country, Rules of Admission to P. G Medical Courses run by the State Government, provide for reservation based on residence/domicile requirement, as against this the State Government has decided to use a more rational criteria of providing for passing of examination as standard 12th and MBBS from State of Gujarat as the eligibility criteria for being considered for admission in the 50% P. G Medical seats so as to see that the concerned student aspiring for admission is a local student which is intended to convey the idea of residing permanently or indefinitely in the State of Gujarat. Further, it is also stated that while doing so, a balance is struck out so that students like petitioners coming from out-side the State can very well compete in 50% total seats reserved for All India candidates and remaining 50% seats in P. G course can be made available to the "sons of the soil" in the Medical Colleges aided by the State Government. Further it is also stated that if Circular or amendment is effected in various Universities, it shall not violate Articles 14, 15 and 21 of the Constitution of India.