WANGYAL DORJEE BARFUNGPA DR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order will dedde two Civil Writ Petition Nos. 4305/91 and 4306/91, by a common order as the same question of law is involved.

(2.) DR. Wangyal Dorjee, petitioner in Civil Writ Petition No. 4305/91 is resident of Gangtok, East Sikkim and belongs to the community of 'bhutia' which is recognised as Scheduled Tribe under the Constitution (Sikkim) Scheduled Tribe Order, 1978. There was no Medical College in the State of Sikkim. It is alleged that the Ministry of Health and Family Welfare, Government of India had reserved for Sikkim one seat in MBBS Course in RNT Medical College, Udaipur for academic session 1984-85. The petitioner was selected for award of Government Scholarship for admission in MBBS Course in RNT Medical College, Udaipur as against the seat reserved for the nominee of the Government of Sikkim. In pursuance of the selection and nomination, the petitioner was admitted in the MBBS Course in the academic session 1984-85 and he passed the final MBBS Examination from the University of Rajasthan, Jaipur and also completed his rotating intership of one year.

(3.) IT is quite clear that Ordinance 278-E framed by the University of Rajasthan, governs admissions to Post Graduate Medical Course in this State. This Ordinance will go to show that 25% of the total seats (irrespective of other reservations made thereunder) are filled in as per allocations made by the Director General of Health Services, Govt. of India, New Delhi on the basis of result of All India Competitive Examination for admission to PG Courses on open merit. 25% of the seats (after excluding the above reservation from the total seats) are reserved for in-service candidates of Rajasthan State Medical Service in various specialities as determined and fixed from time to time by the State Government. When there is reservation of 8% of resultant vacancies for natural born Scheduled Castes candidates and 6 % for natural born Scheduled Tribes candidates. Selection to these vacancies is made as per roster system to be notified by the State Government. The remaining seats are general seats. For seats other than the 25% reserved seats to be filled in on the basis of All India Competitive Entrance Examination, are filled in on the basis of the result of Pre-PG Entrance Examination conducted by the University of Rajasthan on the basis of merit- cum-preference.