THE STATE OF RAJASTHAN Vs. MISS SHARDA MEEL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The respondent No. 1 herein in this appeal, filed S.B. Civil Writ Petition No. 5424/97 with a prayer to quash the order dated 2.9.97 (Ex.8) and to direct the respondents in the writ petition to admit her in M.D. Course (Chest and Tuberculosis) on the basis of her merit or in other speciality as per the Ordinance No. 278-E of the University of Rajasthan; further she was permitted to amend the writ petition seeking a prayer to strike down the said Ordinance 278-E being ultra-vires of Art. 14 of the Constitution. She passed MBBS course from Chandigarh and not from any college coming within the purview of University of Rajasthan. She applied for pre-PG Entance Examination for the year 1997 in Rajasthan. She was allowed to take the said entrance examination; her result was declared on 25th May 1997 placing her at SI.No. 181 on the basis of merit. During the interview, form the documents it was found that she had passed her MBBS examination from Chandigarh and, therefore, she was not eligible for admission in RG. course in view of the said Ordinance 278-E (iii) of University of Rajasthan.

(3.) The learned Single Judge on 1.10.97, ordered notices to the respondents to show cause as to why the writ petition may not be admitted and disposed of. Notice on the stay application also was issued. After the service of notice on the respondents was complete, the writ petition was ordered to be listed on 22.2.98 for final disposal. After few adjournments, on 19.2.98 after some arguments it transpired that an additional ground was necessary to be taken in the writ petition. Hence, the writ petition was adjourned by giving some time. Thereafter, an amendment application was filed raising an additional ground to strike down aforementioned Ordinance 278-E, although, originally in the writ petition, the validity of the said Ordinance had not been challenged. The amendment application was allowed to raise the said additional ground. Thereafter, after few dates of hearing, on 22.7.98, for the first time, interim order was passed to keep one seat vacant for the admission into PG course for the session 1997 and that it will be filled up after the disposal of the writ petition. The writ petition was finally disposed of by the learned Single Judge on 23.4.99 allowing it and stating that the writ petitioner is entitled to a seat in M.D. (Tuberculosis) or any other subject wherever she is found fit. The respondents No. 1 and 2 in the writ petition, aggrieved by the said order of the learned Single Judge allowing writ petition and granting relief to the writ petitioner, have filed this appeal.