PENIL SHARADKUMAR DOSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Article 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 t -he State.

(2.) IT is an. admitted position at these admissions to Post -Graduate Courses are governed by executive instructions issued by the State Government under Article 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.) INSTITUTIONALISED reservations or preferences in the matter of admissions to P. G. Courses in Medical Colleges is the theme of this petition and the whole argument built by Shri Kokje, learned counsel for the petitioners, on the basis of what the Supreme Court has been saying for almost about a decade, beginning with Dr. Jagdish Saran v. Union of India, AIR 1980 SC 820and culminating with a very recent judgment in Dr. Sanjay Meh -rotra v. G. S. V. M. Medical College, AIR 1989 SC 775.