NISHI BALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the respondents may be directed to grant admission to the petitioner to the M.B.B.S. Course, 1985. It was further prayed that the provisions of Clause A of Rule 2 of the Rules of Admission in M.B.B.S. Course in Medical Colleges in Rajasthan 1985 may be declared illegal and may be struck down.

(2.) THE petitioner after obtaining the Degree of Bachelor of Science in the year 1985 appeared in the P.M.T. Examinations which were held in July 1985 and she obtained 810 marks out of 1200 marks The petitioner's father is an employee of the Department of Central Government namely, All India Radio. The petitioner's father is at present posted as Assistant Engineer, All India Radio, Jodhpur. The petitioner's father was initially transferred to Jodhpur A.I.R. Centre in the month of July 1976 as Assistant Engineer and since then he is continuing at Jodhpur. The petitioner has been continuously prosecuting her studies at Jodhpur since July 1976. The petitioner though obtained 810 marks out of 1200 marks but she was not admitted. She made enquiries and came to know that a number of persons who have obtained lesser marks than the petitioner have been granted admission. Thereafter she came to know that as per Rule 2 of the Rules of Admission in M.B.B.S. Course in Medical Colleges in Rajasthan, 1985 thereinafter referred to as 'the Rules') 65% of the seats shall be filled by the candidates belonging to Rajasthan and 20% of the total number of seats shall be reserved for the girl candidates, As per Clause B of Rule 2, 15 seats are reserved for students from abroad/other States to be nominated by the Government of India. The petitioner could not be admitted because she did not fall within the definition of resident of Rajasthan as given in Rule 2(A) of the Rules. The petitioner was admitted in the M.B.B.S. Course in pursuance of the interim stay order passed by this Court on 3 -2 -1986.

(3.) THE matter was heard by Hon'ble S.M. Jain, J. on 22 -5 -1986 Hon'ble S.M. Jain, J. vacated the stay order. Aggrieved against that order, the petitioner preferred a special leave petition before the Supreme Court. Their Lordships of the Supreme Coart while disposing of the special leave petition passed the following order;