DR. VIKAS GUPTA, SON OF SHRI DHARAM PAL GUPTA, MEDICAL OFFICER, PRIMARY HEALTH CENTRE, SAI, TEHSIL NALAGARH, DISTRICT SOLAN, (H.P.) Vs. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (HEALTH), H.P. SECRETARIAT, SHIMLA - 171002 (H.P.),

JUDGEMENT

(1.) THE issue raised in these writ petitions pertains to the claim made by the petitioners for admission to the PG Courses. True, there is a challenge to the prospectus. All the petitioners belong to the category of GDOs. As per prospectus, 90% of the seats are to be allocated to the GDOs and 10% to the Direct in the 50% of State quota seats. Selection is conducted by way of entrance test. The petitioners could not clear the entrance test. Their case is that they have appeared in Centralized Competitive Test for admission to the PG Courses, DNB being a PG Course, and therefore, they should be considered for the vacant seats in the GDO quota. Learned Additional Advocate General points out that the quota is not a guarantee and that admission in respect of quota would depend on the GDOs, clearing the entrance test and thus become eligible. On facts, we find that after the 2nd round of counselling also, there are a few seats available, 6 in IGMC, Shimla and 7 in Medical College, Tanda in degree and in diploma 4 in IGMC, Shimla.

(2.) AS per the MCI Regulations, the admission to the PG Courses is to be made either on the basis of competitive test conducted by the State Government or by the competent authority or on the basis of the merit, as determined by the Centralized Competitive Test held at the national level or on the basis of individual cumulative performance at the 1st, 2nd and 3rd and MBBS examination, if such examinations have been taken in the same University, or combination of the 1st and the last. The State has adopted the first. If in that method any seats remain unfilled in one category, they will go to the other category.

(3.) THEREFORE , there will be a direction to the respondents to fill up the remaining seats, giving first preference to those GDOs who have qualified All India PG (MD/MS) Entrance Examination, 2012 and if still seats are remaining vacant, the candidates among the direct with the above qualification shall be considered. In case there are still seats vacant, the same shall be allotted to the GDOs who have passed the DNB and thereafter to any direct DNB candidate.