J YOGESH Vs. SECRETARY, SELECTION OF COMMITTEE

JUDGEMENT

(1.) These batch of writ petitions were filed for securing admission to Post Graduate medical courses under the scheme of admission. The relief sought for in all these writ petitions are common on the ground that the writ petitioners have not been given an opportunity to avail the State quota as per the scheme of admission provided for post graduate degree courses and now they are prevented without any valid reason.

(2.) The respective learned counsel appearing on behalf of the writ petitioners mainly contended that all the writ petitioners are the successful candidates in the NEET examination and secured higher marks. The names of all the petitioners were included in the All India level rank list and admissions were allotted to them. However, it is pleaded that their names ought to have been incorporated in the State rank list also and in the event of such incorporation, they will be getting a choice of their branch and choice of their College. Ultimately, the grievances of the petitioners are that they must be provided with an opportunity to avail the courses of their choice and the College, since they have secured higher mark in the NEET examination. By curtailing their opportunity in respect of the State level counselling, they are deprived of their right of availing various branch of P.G. Medical Courses, in the State Institutions. Thus, these writ petitioners are constrained to move the present writ petitions.

(3.) Though various issues are raised in respect of choice of the students and the rights involved, this Court at the first instance raised a question under which provisions of law, these petitioners acquire legal rights to have such a choice of availing a branch or College at their choice. Though there is no direct answer from the respective counsel appearing on behalf of the writ petitioners, this Court has curiously looked into the provisions of the Indian Medical Council Act, 1956 (102 of 1956) and the Post Graduate Medical Education Regulation 2000. The Post Graduate Medical Education Regulation 2000 was issued in exercise of power conferred by Section 33 read with section 20 of the Indian Medical Council Act,1956 (102 of 1956),