GAURISH V NAIK GAUNEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE petition seeks to challenge the Rules framed by the Government of Goa for admission to the Post-Graduate Degree Courses of Goa University at Goa Medical College, Bambolim.

(2.) TILL the year 1997, the admissions to the Post-Graduate Degree and Diploma Courses of the Goa University at Goa Medical College were governed by the Rules which were comprised under Notification No. 13/6/80 - E. H. D. dated 2nd March, 1988 published in the Official Gazette dated 31st March, 1988 and for the sake of brevity, the said Rules are hereinafter referred to as "the old Rules". Since 1998, however, the admissions to the Post Graduate Degree Courses of Goa University at Goa Medical College are governed by the Rules called as the Goa (Rules for Admission to the Post-Graduate Degree Courses of the Goa University at the Goa Medical College) Rules, 1998, hereinafter called as "the new Rules". It appears that in terms of the old Rules, the order of merit was determined by obtaining sum of the percentage of the aggregate marks and the percentage marks in the subject related to the Degree or the Diploma in which the candidate was seeking for registration; whereas in terms of the new Rules, the order of merit is to be determined by the percentage of the aggregate marks. In short, under the old Rules the merit was determined by addition of aggregate marks and the subject marks whereas under the new Rules, the merit is determined on the basis of the aggregate marks without any emphasis on the subject marks. These and other changes brought about in determination of merit order under the new Rules are sought to be challenged by the petitioners who have, after passing Third Year M. B. B. S. completed their one year internship on or before 20th January, 1999 and are aspiring to secure admission to various Post-Graduate Degree Courses at Goa Medical College.

(3.) BEFORE considering the challenge to the new Rules, it would be worthwhile to note the exact changes those are being sought to be brought about by the new Rules and how far the provisions in the new Rules are different from those in the old Rules.