TARLOK CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The issue involved in this writ petition filed under Article 226 of the Constitution concerns application of '4 point roster' in terms of sub clause 3.5 (i) (iii) of clause 3 'Eligibility & Distribution of Seats' of Part-A of the 'Prospectus-cum-Application Form for Counselling and Admission for Post Graduate degree (MD/MS) Courses in Indira Gandhi Government Medical College and Hospital, Shimla and Dr. Rajindera Prasad Government Medical College and Hosptial Kangra at Tanda', Annexure P-9, vis- -vis '66.6% of the State Quota Seats' under sub clause 3.1 (A) of clause 3 of Part-A of the said Prospectus, which are re-produced below for ready reference:-

(2.) According to the petitioners the way respondents No. 2 and 3 have applied sub clause 3.5(i) (iii) during counselling, the same amounts to virtual sacrificing of merit in derogation to the law laid down by the Hon'ble Supreme Court in K. Duraisamy and another vs. State of T.N. and others, 2001 2 SCC 538, followed by State of M.P. and others vs. Gopal D. Tirthani and others, 2003 7 SCC 83 (para 19).

(3.) Against the above backdrop, the petitioners are seeking the following substantive relief:-