VIKASH KUMAR RAJ SON OF SRI BRAJNANDAN PRASAD Vs. STATE OF BIHAR, THE SECRETARY-CUM- COMMISSIONER DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, State and the counsel for Bihar Combined Entrance Competitive Examination Board (hereinafter referred to as "B.C.E.C.E.B."). Petitioner is an M.B.B.S. from S.M.S. Medical College, Jaipur, Rajasthan (hereinafter referred to as the College).

(2.) He got admitted in the said college after succeeding in the Medical Entrance Examination Test conducted by the Central Board of Secondary Education (hereinafter referred to as "C.B.S.E.") in the year 1997. Having passed the M.B.B.S. Course from the College in the year 2002. he got himself registered on 22.12.2006 as a medical practitioner with the Bihar Council of Medical Registration. His certificate number is 36347. Petitioner having registered himself as medical practitioner in Bihar wanted to appear in the Post Graduate Medical Admission Test, 2008 conducted by B.C.E.C.E.B. but could not appear in the same in view of Clause 6.1 (i & ii) of the prospectus which provides for Institutional preference. He assailed the aforesaid Clause providing for Institutional preference by filing C.W.J.C. No. 3137 of 2008 which was dismissed under orders dated 19.02.2008 against which he preferred Letters Patent Appeal No. 381 of 2008 which was also dismissed under orders dated 14.11.2008 observing that the admission having been completed as per time schedule fixed for the Post Graduate and Super Specialty Course Admission provided in the case of Mridul Dhar (Minor) and Anr. V/s. Union of India and Ors. : (2005) 2 SCC 65. for the academic session 2008 the plea raised in the appeal do not deserve to be considered on merit. Aforesaid order of the Division Bench was challenged in S.L.P. (Civil) No. 3232 of 2009 which was dismissed under orders dated 20.02.2009, Annexure -3 observing that the question raised in the appeal is left open to be decided in another appropriate petition. In the year 2009 as well petitioner wanted to appear in the Post Graduate Medical Admission Test, 2009 conducted by the B.C.E.C.E.B. but could not apply for such Test as the prospectus issued for the said test again provided for Institutional preference under Clause 6.1 (i & ii) which is quoted below for ready reference: (i). The candidates must have passed the M.B.B.S. Examination from any Medical College of Bihar State included in the schedule of Medical Council of India. (ii). The candidates who are permanent residents/domiciled of Bihar and have been admitted in M.B.B.S. course on the basis of competitive examination conducted on behalf of Govt. of Bihar or by C.B.S.E. (under All India Quota) before the bifurcation of Bihar i.e. 15.11.2000 in Medical Colleges situated in Jharkhand and have obtained the degree of M.B.B.S. are also eligible for appearing in this competitive examination for admission in academic, session 2009 in this Course Group.

(3.) PERUSAL of the aforesaid Clause would indicate that candidates who have passed M.B.B.S. examination from any Medical College of Bihar State included in the schedule of Medical Council of India (hereinafter referred to as "M.C.I.") are eligible to appear in the Post Graduate Medical 18/4/2014 Page 272 R.B.S.Construction Pvt.Ltd. Versus State Of Bihar Admission Test. Petitioner passed M.B.B.S. examination from a college at Jaipur, his application form for the said test was not entertained in the light of the aforesaid Clause of the prospectus. Assailing the aforesaid Clause present writ application has been filed asserting that the Institutional preference granted in favour of candidates obtaining M.B.B.S. qualification from Medical Colleges of Bihar State tantamounts to granting 100 per cent reservation in favour of the candidates obtaining M.B.B.S. qualification from Bihar State which is violative of Articles 14, 15 and 16 of the Constitution of India.