LOKESH GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this common judgment, all the aforesaid writ petitions are being disposed of together as common question of law is involved in all these writ petitions.

(2.) BY way of these writ petitions, the petitioners have assailed the eligibility criteria laid in the prospectus issued by respondent No.2- Himachal Pradesh University, for the conduct of entrance examination for filling up some of the seats for post-graduate degree (MD/MS) and Diploma courses for the academic Session 2007-2009/2010. The challenge is on the ground that restricting the eligibility only for "inservice regularly appointed (HPHS-I) Himachal Pradesh Health Cadre candidates" is violative of Article 14 of the Constitution of India and that the petitioners being otherwise employed by the State of Himachal Pradesh ­ respondent No.1 on contract/ adhoc basis are also eligible for applying and appearing in the entrance examination to be conducted by respondent No.2.

(3.) RESPONDENT No.2 issued the prospectus, Annexure P-1 (page 15) and in terms thereof all applications are to be received on or before 8.1.2007, the entrance examination is to be held on 28.1.2007; the results are to be declared tentatively by 1.2.2007; the counseling is to commence from 28.3.2007 and the last date upto which the students could be admitted is 31.5.2007. In terms of clause 2 of the prospectus for various specialities, the University is to conduct examinations for 34 seats in post-graduate degree (MD/MS) course; 5 seats permitted by MCI yet to be recognized, 12 seats for post graduate Diploma courses recognized by MCI; 6 seats for post graduate diploma course permitted by MCI yet to be recognized. 50 per cent of the aforesaid seats of degree and diploma courses are required to be filled in through All India Entrance Examination conducted by All India Institute of Medical Sciences or anybody nominated by the Government of India from time to time and out of the remaining 50% seats, 66.6% are required to be filled in through inservice regularly appointed (HPHS-I), HP Health Cadre candidates (hereinafter referred to as regularly appointed inservice candidates) and 33.3% seats are required to be filled in as directs seats by open competition from amongst the graduates of Medical Colleges of Himachal Pradesh (Indira Gandhi Government Medical College, Shimla and Dr.Rajendra Prashad Govt. Medical College Kangra at Tanda) or bonafide Himachalis, children of H.P. Government employees/ employee of Autonomous Bodies wholly or partially financed by H.P. Government getting admission to MBBS course through CBSE or any other All India Entrance Examination in MCI/G.O.I. recognized medical colleges in India.