ANIL NAG Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner herein Shri Anil Nag has passed Pre -medical Examination in the year 1977 and has -appeared fn the Competitive Examination (which hereinafter m also referred to as Entrance Examination) for admission to Himachal Pradesh Medical College, Simla, taken on 10th, 11th and 12th August, 1978. He has, however, failed to secure his admission to the said College for the current academic year 1978 -79 when the College opened in the month of September this year. He competed in the general category of seats in the college but failed to secure a seat on merits and has, therefore, challenged by this writ petition certain reservations of the seats made by the Government. His contention is that if these reservations are found illegal and void, the number of general category of seats would be increased to that extent with the result that he would get admission on merits.

(2.) Himachal Pradesh Medical College, Simla is admittedly a Government College affiliated to the Himachal Pradesh University. It is financed and -managed by the Government of Himachal Pradesh. The total number of seats sanctioned for the College in the month of June or July, when the prospectus for the academic year 1978 -79 was issued, was 60. Out of these 60 seats, 17 seats were reserved as - under: - 9 seats for Schedule castes; 3 seats for Scheduled tribes; 5 seats for the nominees of the Central Government The remaining 43 seats tints went to the General category which was open for competition to all eligible students. The prospectus for the year 1978 -79 invited applications on the basis of the above stated reserved and general categories.

(3.) From the record which is produced in this case, and which is not in dispute, it becomes clear that the Medical Council of India was thinking of making some reservation in all the Medical Colleges in India for foreign students. Reference to the Annexure RFF, which is produced in this case, shows that the Medical Council of India at its meeting, dated 17/18th March 1978 approved of the following decision of its Executive Committee: "Foreign students applying for admission can be considered only if their applications are forwarded through the Ministry of Health and the Medical Council of India and provided they satisfy the minimum requirements for admission as prescribed by the Medical Council of India. In case they do not meet the minimum requirements then they would be required to undergo Pre -medical training for a period of two years after which they could be considered for their suitability for admission. Candidates should submit the full details of their qualifications to be considered for their suitability for admission into the medical colleges. All such admissions will be within the prescribed quota for admission for a medical college and no additional seats can be created for the same. - The Secretary, Medical Council of India circulated this letter to the Registrars of all the Universities and other concerned authorities.