P S DOSHI Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Art.226 of the Constitution of India, the petitioners (in all 23) have challenged the 'Rules' for admission to Post-Graduate Degree and Diploma Courses in Medical Colleges of the State of Madhya Pradesh, as also the rules for allotment of House jobs, in the Hospitals attached to the Medical Colleges in the State.

(2.) It is an admitted position that these admissions to Post-Graduate Courses are governed by executive instructions issued by the State Government under Art.162 of the Constitution of India, although they are titled as Madhya Pradesh Selection for Post-Graduate Courses (Clinical, Para-clinical and Non-Clinical Courses) in Medical Colleges of Madhya Pradesh Rules, 1984 (hereinafter referred to as P.G.Rules). The rules pertaining to Diploma Courses are referred to as 'Diploma Rules'. These rules have been annexed to the petition as Annexures P/1 and P/3. It may also be noted that though titled and called as 'Rules', they are not statutory rules, but mere executive instructions.

(3.) The petitioners have challenged categorisation of candidate as made under R.3 of these Rules as wholly arbitrary and discriminatory, having no nexus with the object of selection - to select the best talent and the most meritorious ones. The weightages in evaluation of merits and deduction of marks, have also come under scaling attack by the petitioners.