LAWS(MPH)-2020-5-524

SAURABH DHAKAD Vs. STATE OF M.P.

Decided On May 18, 2020
Saurabh Dhakad Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Learned counsel for the rival parties are heard on the question of admission.

(2.) The challenge in this petition invoking writ jurisdiction of this court u/A.226 of Constitution is primarily to the statutory provision contained in Sub Clause 5 of Clause 3 of Schedule 1 under Rule 2(m) of M.P. Chikitsa Shiksha Pravesh Niyam, 2018 to the extent it prescribe a candidate to be domicile of Madhya Pradesh as a mandatory pre condition for admission to post- graduate diploma courses in the field of medicine.

(3.) It is submitted by learned counsel for the petitioner that this pre condition of domicile of Madhya Pradesh is also prescribed to be relaxed in cases of candidates who have passed the M.B.B.S. Courses from an institute situated within the State of M.P.. It is further submitted that due to the aforesaid, the petitioner faces dual competition. Pertinently, the petitioner is said to be a domicile of M.P. and has also passed the M.B.B.S. course from an institute situtated in M.P.. It is submitted that in this scenario and the legal position as mentioned above, the petitioner faces dual and more stringent competition not only from amongst the candidates who are domiciled in M.P. but also from candidates who are not domiciled in M.P. but have completed their M.B.B.S. course from an institute situated in M.P.