DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all these three writ petitions the validity of Rule 2(A) of the Rules of Admission in Medical Colleges in Rajasthan, 1985 has been challenged. The case of the petitioners is that they all appeared in the Pre -Medical Test for admission in the MBBS Course of Medical Colleges in Rajasthan, and have secured high percentage of marks so as to get position in the merit list of successful candidates. The respondents have held the petitioners ineligible for admission on the ground that they did not fulfill the condition of bonafide resident of Rajasthan according to which it was necessary that his/her natural father or na'ural mother should have continuously resided in Rajasthan for a period of last 18 years and the candidate should have studied at least for last 5 years in a recognised educational institution in Rajasthan. The petitioners have challenged the above rule of eligibility on the ground of being arbitrary, unreasonable and violative of Article 14 of the Constitution of India.

(2.) IN order to appreciate the controversy raised in these cases, it would be proper to give the facts of each petitioner in short.

(3.) IN the year 1981 the father of the petitioner became seriously ill. He was initially treated at Rani (Pali) and thereafter on Medical advice he was taken to Bombay and was admitted in Bombay Hospital. The petitioner in these circumstances had to go with his father for looking after his treatment. The petitioner's father was suffering from serious illness which required continuous treatment at Bombay. The petitioner's father as such had to remain in Bombay from May 1981 to December 1983, except some short intervals. The petitioner was attending his father and in order to avoid loss to his educational career, the petitioner joined class XII of 10 plus 2 scheme in Sidharath College of Art and Science, Bombay in 1982. The petitioner could not appear in 1982 examination because of serious illness of his father. However, the petitioner appeared for Higher Secondary Certificate Examination (10 plus 2) pattern from Maharashtra State Board of Secondary and Higher Secondary Education, Pune. Petitioner passed this examination in March 1985 in First Division. By this time the father of the petitioner recovered from his illness and so the petitioner along with his father came back to their village in Rajasthan. The petitioner joind IInd Year of Three Year Degree Course in the Maharana Bhopal College, Udaipur. Meanwhile Pre -medical Test for admission in MBBS Course in Medical Colleges in Rajasthan was held in 1984 and the petitioner in order to prepare for this test did not appear in the examination of Second Year TDC in 1984. The petitioner appeared for the PMT in 1984 but was not called for interview as having obtained lower position in merit. The petitioner thereafter appeared in the IInd Year TDC examination in 1985 from Sukhadia University, Udaipur and passed the said examination. The petitioner again applied for appearing in the Pre -medical Test to be held in 1985. The application form of the petitioner was scrutinised by the respondents and he was issued admission card for appearing in the test and he was allotted Roll. No. 19726. The petitioner appeared in the test held from 2 -7 -85 to 6 -7 -85 and was declared successful having secured 60% marks. The petitioner was placed at Number 1 and 2 in the merit list, The petitioner was also invited for interview on 21 -9 -85 by the Admission Board. On 21 -9 -85 the petitioner appeared before the Admission Board. One of the members of the Board told the petitioner that he had not studied for last 5 years in Rajasthan. The petitioner replied that he had studied from Clauses I to XI in Rajasthan and is also domicile of Rajasthan. The member of the Board told the petitioner that they were only concerned with the studies for the last five years. Dr. S.R Mehta, Principal, Medical College, Jaipur thereafter told the petitioner that he was not eligible for selection in view of Rule 2(A) of the rules of admission and also showed the said rule to the petitioner. Dr. S.R. Mehta there after noted 'NE' with block letters on the application for of the petitioner which meant Non -eligible in the register of candidates who were found eligible on merit. The following entry was made against the name of the petitioner 'non -eligible under Rule 2(A)'. The petitioner thereafter made a representation but no heed was paid. The petitioner then served a notice for demand of justice through his counsel and thereafter filed the present writ petition on 30th September, 1985.