VINEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners having passed their M.B.B.S. examination and after completing the requisite internship are eligible for admission to various Post-Graduate Courses being conducted in different disciplines of Medical Science for the Medical Colleges in the State of Rajasthan. The Pre-P.G. Entrance Examination is held for admission to such courses by the University of Rajasthan. The petitioners are aggrieved in regard to increase of reservations of in-service candidates from 25% to 50% and also of decreasing the qualifying marks for being selected in P.G. Course from 50% to 33% in the Pre-P.G. Entrance Examination in the year 1998 for admission to M.D./M.S./Diploma Course.

(2.) The University of Rajasthan had laid down the eligibility conditions for the said entrance test as mentioned in Ordinance 278-E to 278-G framed by the University. Certain reservations were mentioned therein i.e. (i) 25% of the total seats (irrespective of other reservations made thereunder) were to be filled up as per the allocations made by the Director General of Health Services, Government of India, (ii) 50% of the seats after excluding the seats to be filled in as per allocation by the Director General of Health Services, Government of India were reserved for in-service candidates of the Rajasthan State Medical Services in various specialities out of which 8% seats were reserved for in-service natural born SC candidates and 6% seats were reserved for natural born ST candidates as per roster system to be notified by the State Government form time to time and the remaining seats were to be called the general seats and again 8% and 6% seats were to be reserved for the natural born SCs and STs and unfilled seats from those reserved categories as mentioned above, were to be filled up from the general category. The examinations were to be held on 6-9-1998. Minimum pass marks for qualifying the Pre-P.G. test was mentioned as 33% as per Syndicate's resolution.

(3.) The petitioner is aggrieved with the impugned communications dated 18-6-1998 and 10-7-1998 issued by the State Government and consequential resolutions passed by the Syndicate in the meeting held on 11-7-1998 in so far as they bring about a reduction in the minimum merit qualifying marks from 50% to 33% for admission to post-graduate courses in the Medical Science Colleges for Rajasthan and also so far as they prescribed a reservation quota in favour of in-service candidates and also increase it from existing 25% to 50% seats in P.G. Courses and all other orders passed and actions taken in this respect and prays them to be declared ultra vires, with a further prayer not to admit any candidate who has secured less than 50% marks.