JAGDISH SAINI Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) All the petitioners herein in the petitions referred to hereinabove, are Doctors holding a Bachelor's degree in medicine and Surgery and have put in more than five years of service in the State of Rajasthan as Civil Assistant Surgeon which has since been redesignated as medical Officer as per the Rajasthan Medical and Health Service Rules, 1963 (hereinafter referred to as the Rules of 1963). They have all sought a direction from this Court to the respondents to consider them for admission into the post-graduate course of Medicine/Surgery/Diploma course against the vacancies reserved for in-service candidates in accordance with their comparative merit without subjecting them to attain the minimum qualifying marks for admission into the said courses, which has been fixed at 50% for all categories of candidates and have further sought a direction to restrain the respondents from filling up the seats reserved for in-service candidates by allowing the seats of MS/MD/Diploma courses by fresh candidates who may have attained the minimum qualifying marks of 50%.

(2.) The admission to the post graduate course for medicine and surgery commonly understood as MD/MS examinations are governed by the provisions contained in Ordinance 278-E framed by the University of Rajasthan and it is an admitted position that 25% of the total seats available in the State of Rajasthan for the post graduate course in MS/MD which are required to be filled on the basis of the results of the All India competitive entrance/MD examination are reserved for in-service candidates of Rajasthan State Medical Service for the various specialities as determined and fixed from time to time by the State Government, out of which 8% seats are reserved for in-service candidates naturally born scheduled caste candidates and 6% for naturally born scheduled tribes candidates as per the roster system notified by the State Government from time to time. The essential qualifications prescribed for such test governed by Ordinance 278-E of the University of Rajasthan further lays down that the candidates must have served in the State of Rajasthan continuously for more than five years and should be below 45 years and should have completed three years in the rural area of the State of Rajasthan.

(3.) However, in the year 1997 before the commencement of Pre-PG Entrance Examination, 1997 which were held from 13th to 15th April, 1997, the Principal and Controller of SMS Medical College and attached hospitals, Jaipur who happens to be the dean of the faculty of medicine, issued a letter dated 1-4-97, bearing No. 13618 addressed to the Vice Chancellor of the University of Rajasthan and drew his attention to a decision of the Supreme Court delivered in the case of Dr. Sadhana Devi v. State of U. P. reported in JT 1997 (3) SC 255 : (AIR 1997 SC 1120) as well as to the information published for the All India Entrance Examination and pointed out that it was mandatory for the University of Rajasthan also to prepare merit list of Pre-PG Examination in accordance with the Supreme Court decision and the guidelines provided for the All India Entrance Examination which directed that the candidates securing less than 50% marks in the competitive examination ought not to be included in the merit list. After seeking the legal opinion in this regard, the Vice Chancellor by order dated 23-5-97 advised the University that the merit list of the Pre-PG Examination held in April, 1997 be prepared in accordance with the decision of the Supreme Court irrespective of the fact whether the examinees/candidates were given any notice for preparation of the merit list in accordance with the decision of the Supreme Court, which opinion was ordered to be implemented by order of the Vice Chancellor dated 24-5-1997.