HIMANSHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By these proceedings under Article 226 of the Constitution, the petitioners have sought to challenge the validity of a Government Order dated 16 December 2013 which regulates admissions to the Uttar Pradesh Post-Graduate Medical Entrance Examination (U.P.P.G.M.E.E-2014). All the petitioners obtained the M.B.B.S. Degree from the Rajiv Gandhi University of Health and Science, Karnataka. The petitioners have stated that since they have not completed their M.B.B.S. from the State of U.P., they are being denied the benefit of competing for the State quota of 50% in the Post-Graduate Medical Courses. Consequently, it has been contended by the petitioners that as a result, even if a student is domiciled in U.P., by operation of the Government Order he would be deprived of the opportunity to compete for the State quota. The Information Brochure for the U.P.P.G.M.E.E-2014 stipulates that the total available seats in the State quota would be governed by an eligibility requirement that candidates, who passed the M.B.B.S./B.D.S. Courses from certain State run Medical Colleges and from recognized Private Medical and Dental Colleges of the Uttar Pradesh are eligible to appear in the Entrance Examination. The relevant condition is to the following effect:

(2.) The contention of the petitioners is that in certain other States such as the State of Karnataka, a restrictive condition of the nature that is imposed in the State of Uttar Pradesh has not been imposed and the eligibility criteria for the Post-Graduate Entrance Test in that State is that the students should be of Karnataka origin and should have pursued the M.B.B.S. Degree Course in a Medical College situated in Karnataka or outside Karnataka but such College should be affiliated to a University recognized by the Medical Council of India. However, it has been submitted that since the petitioners are not of Karnataka origin, they are not eligible to compete for the Post-Graduate Entrance Examination in Karnataka, whereas in the State of U.P. they have been disabled from appearing in the Medical Entrance Examination on the ground that they have not passed their M.B.B.S. course from the State run Medical Colleges within the State or a Private recognized Medical College.

(3.) The issue as to whether an Institutional Preference of the nature that is provided by the Government Order dated 16 December 2013, is constitutionally valid has been considered in several judgments of the Supreme Court. For the purposes of the present proceedings, it would be sufficient to refer to a judgment of the Constitution Bench of the Supreme Court in Saurabh Chaudri and others v. Union of India and others, 2003 11 SCC 146.