BHARAT GUPTA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The Department of Health and Medical Education, Haryana, assigned the task of conducting an entrance examination for determining inter-se merit of candidates desirous of seeking admission to the MBBS/BDS/ BAMS/BHMS courses, commencing from the academic year 2005-06 in colleges located in the State of Haryana with the Maharishi Dayanand University, Rohtak (hereinafter referred to as the MDU, Rohtak). In compliance with the mandate of the State government, the MDU, Rohtak, issued a prospectus inviting, applications from candidates desirous of seeking admission to the courses referred to above. The aforesaid prospectus sought applications only from the residents of the State of Haryana. In this behalf, it would be pertinent to mention, that 85% of the seats (in colleges located in Haryana, for the courses under reference) were to be filled up from amongst the residents of the State of Haryana, whereas, the remaining 15% of the seats were to be filled up on an all India basis, for which a separate entrance examination was conducted by the Central Board of Secondary Education (hereinafter referred to as the CBSE). The petitioner was lesirous of seeking admission to the MBBS course as a resident of Haryana, and therefore, submitted an application form along with the prescribed fee for taking the entrance examination to be conducted by the MDU, Rohtak, as a resident of Haryana. It would be pertinent to mention, that the petitioner fared very well in the said examination, inasmuch as, he was placed at Sr. No. 208 in the merit list prepared by the MDU, Rohtak. Despite the aforesaid merit position, the petitioner was not successful in gaining admission to the MBBS course against the 85% seats reserved for residents of the State of Haryana.

(2.) Through the instant writ petition, the petitioner originally impugned the action of the authorities in granting admission to respondents No. 6 to 27 in various medical colleges in the State of Haryana under the 85% quota by asserting, that they were ineligible for admission against seats reserved for residents of the State of Haryana. Be that as it may, the petitioner unilaterally decided to withdraw the instant writ petition against respondents No. 6 to 11, 13, 14, 16 to 22, 24, 26 and 27, The instant writ petition, as originally filed, was accordingly, dismissed against the aforesaid respondents by an order dated 25.10.2005. It is, therefore, apparent that the instant writ petition survives only as against the admission granted to respondents No. 12, 15, 23 and 25,

(3.) In order to substantiate his claim against respondents No. 12, 15, 23 and 25, learned Counsel for the petitioner has invited our attention to the decision rendered by this Court in Damandeep Singh and Ors. v. State of Punjab and Ors., Civil Writ Petition No. 5436 of 2000, decided on 25.5.2000. He has also relied on the judgment rendered by this Court in Manisha Bansal v. Baba Farid University of Health Sciences, Faridkotl Civil Writ Petition No. 11030 of 2003, decided on 24.5.2004.