SUBHASH CHANDER MEEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred by the petitioners (appellants herein) against the judgment dated 18.7.2013 passed by learned Single Judge, vide which their claim for consideration for admission to the Post Graduate Courses under the category of HCMS reserved quota of the State of Haryana stands rejected. The brief facts are that the appellants are serving as doctors in the Department of Health, Haryana, and they fulfilled the eligibility requirements for consideration for admission to the Post Graduate Degree/diploma in Medical Sciences for the Session 2013 against the HCMS seats in the Haryana quota. No objection certificates to the appellants were issued by the competent authority for considering their case for admission against the seats reserved for HCMS quota. The appellants, in pursuance to the notices issued by the National Board of Examinations (hereinafter referred to as "the Board"), for National Eligibility-cum-Entrance Test (Post Graduate), 2013 (hereinafter referred to as 'NEET-PG 2013') for admission to MD/MS/Post Graduate Diploma Courses 2013 Admission Session, applied and participated in the said test held on 26.11.2012 and result thereof was declared on 31.1.2013.

(2.) Appellants, as per the requirement of the application form issued for NEET-PG 2013, submitted their forms, mentioning their domicile of the State to which they originally belonged. They were required to fill in the State from where they had done their Graduation/M.B.B.S., which was also given by them. In the result so declared for NEET-PG 2013, three lists were prepared. The first of such lists had declared the result of all candidates on all India merit basis, the second list was showing the merit list of the candidates of the State from where they had passed their Graduation/M.B.B.S. and the third list was based on merit of the opted domicile State list of the candidates. Since the appellants had opted the domicile for the State of Punjab and Rajasthan from where they originally belonged, their names were included in the respective lists of those States as per their merit.

(3.) Prospectus was issued by the Pandit B.D. Sharma University of Health Sciences, Rohtak (hereinafter referred to as the "respondent-University") for admission through counselling to M.D./M.S., P.G. Diploma and M.D.S. Session 2013. Appellants submitted their application forms for participating in the counselling for the purpose of admission under the State quota as in-service candidates (HCMS) seats but they were not allowed to do so. Request submitted by the appellants was rejected on the ground that their names do not figure in the State merit list of Haryana and, therefore, cannot be permitted to participate in the counselling.