INDER DEV ARYA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, the petitioner, Shri Inder Dev Arya, has prayed for an appropriate writ, order or direction against the non-petitioners, namely, the University of Rajasthan (hereinafter referred to as the University) and the State of Rajasthan, directing them to give admission to the petitioner in the M.B.B.S. course of 1980-81,

(2.) This writ petition has been filed in the following circumstances:--

(3.) In the State of Rajasthan, there are five medical colleges at Jaipur, Bikaner Udaipur, Jodhpur and Ajmer. All the five medical colleges are run by the State Government. Admissions to the aforesaid Medical Colleges are made after making a joint selection through a Selection Committee (Admission Board). For the guidance of the Selection Committee in the matter of admissions to the said colleges, the State Government has issued instructions which have been described as Rules for Admission to Medical Colleges in Rajasthan for the year 1980 (hereinafter referred to as 'the Rules'). According to Rule 1 of the Rules, the total number of admissions to the various medical colleges in Rajasthan will not be more than 550 per year. Rule 2 provides for reservation of certain number of seats for students belonging to certain categories. Clause (a) of Rule 2 provides that 15 seats (three seats each in the Medical Colleges of Rajasthan) should be reserved for students from abroad/other States nominated by Government of India. Clause (b) provides that five seats should be reserved for the students whose parents migrated from Burma and other countries, in or after the year 1963 and are registered as migrants in Rajasthan (one seat in each Medical College). Clause (c) lays down that five seats should be reserved for students from other States of Indian Union on a reciprocal basis. In Clause (d), it is provided that 8% seats should be reserved for natural born candidates belonging to Scheduled Castes and 6% for natural born candidates belonging to the Scheduled Tribes as notified in the Presidential order for the State of Rajasthan and who fulfil conditions as laid down in Rule 3. The said clause also lays down that if the number of qualifying natural born candidates belonging to the Scheduled Castes/Scheduled Tribes are not sufficient to cover the above reservation, a maximum of 10 reserved seats in a year may be carried forward to the subsequent year. In Clause (e) it is laid down that 25% of the seats, excluding seats reserved in Clause (a) should be reserved for girl candidates and that if eligible and suitable girl candidates from natural born Scheduled Castes/Tribes are not available, these seats should be filled by the male candidates of natural born Scheduled Castes/Tribes. In Clause (f) it is laid down that in case the reserved seats are not filled in a particular category, the unfilled seats will be transferred to general seats. Rule 3 provides the conditions of eligibility which must be fulfilled by a candidate for being admitted and lays down that a candidate must have studied for the last three years continuously as a regular candidate in a recognised institution in Rajasthan or his/her natural father or natural mother should have continuously resided in Rajasthan for a period of last ten years or he/she must be a son/daughter of (i) an employee of Government of Rajasthan including officers of All India Services borne on the State Cadre of Rajasthan, or (ii) Undertakings/Corporations/Improvement Trusts/Municipal Boards/Panchayat Samities/Co-operative Bodies, duly constituted by the Government of Rajasthan or (iii) Statutory bodies and Corporation formed under the Indian Companies Act incorporated in Rajasthan or (iv) a University of Rajasthan or Higher Secondary Board of Education, Rajasthan, who has put in at least three years' service on 1st October of the year of admission in any of the above bodies/service, or he/she is a son/daughter of an employee of Central Government or institutions of the Central Government including Public Sector Undertakings or Corporations situated in Rajasthan and who is permanent or has put in at least three years' continuous service, provided that he is serving in Rajasthan for at least 12 months on the date of application. Rule 3 also prescribed the minimum educational qualifications which must be possessed by the candidate for admission to the Medical Colleges. Rule 4 provides that all the candidates except those belonging to categories (a) and (c) of Rule 2 will have to appear at the Pre-Medical Test to be held by the University in the subjects of Chemistry, Physics and Biology and that in order to be eligible, the candidate shall have to obtain at least 50% marks at the Pre-Medical Test. A provision for relaxation of 10% in the minimum marks has been made in respect of natural born Scheduled Castes/Tribes students.