GIR RAJ PRASAD KAUSHIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THROUGH the above mentioned four writ petitions the petitioners have claimed their right of admission to the M. B. B. S. Course on the basis of the decision of this Court in Writ Petition No. 463 of 1977 : Miss Rajshri Shah vs. The State of Rajasthan. Though, these writ petitions were to be disposed of by a single bench, but they were taken up for hearing before a Division Bench as the State had filed an appeal against the decision of the Hon'ble Single Judge in Writ Petition No. 463 of 1977 (Miss Rajshri vs. The State of Rajasthan). As the common questions of law and facts were involved in these writ petitions, these were also directed to be heard along with the Special Appeal filed by the State against the decision of the Hon'ble Single Judge in Writ Petition No. 463 of 1977. The Special Appeal and five other similar writ petitions have already been disposed of, as the petitioners in these writ petitions secured admission in the M. B. B. S. Course either as a consequence of the directions of this Court, or that they appeared in the subsequent examinations and secured admission. Under these circumstances, only the present four writ petitions have been left which are being disposed of by this single order. In these writ petitions the question involved is, whether the petitioners have been rightly refused admission to the Medical Colleges in the State which are run by the State Government.

(2.) INSTRUCTIONS for the guidance of the candidates intending to appear at the Pre-Medical Test were issued by the Registrar, University of Rajasthan, Jaipur. The Medical & Health Department framed rules of admission to the Medical College in Rajasthan for the Session 1977-78. Rule 2 of the said Rules reads as under : - "2. Reservations : (a) Fifteen seats are reserved for Foreign Private students, cultural scholars and private students of Indian origin domiciled abroad. Nomination of cultural Scholars will be made by the Director General of Health Services, New Delhi and nomination of others will be made by the Union Ministry of External Affairs, Ministry of Health, New Delhi. 3 seats will be kept in each Medical College at Bikaner/udaipur/ Ajmer/jodhpur/jaipur. The nominations should be made latest by 31st July, 1977 unless otherwise extended by the Government. (b) Five seats are reserved for the students migrated from Burma and other countries, in or after the year 1963 and registered in Rajasthan (one in each Medical College ). (c) 8% seats are reserved for natural born candidates belonging to the Scheduled Castes and 6% for natural born candidates belonging to the Scheduled Tribes as notified in the Presidential Order for the State of Rajasthan and who fulfil conditions as laid down in rule 3 below. These reservations in each category will also include the candidates belonging to the Scheduled Castes/scheduled Tribes who are admitted on merit for the general seats. A candidate must produce a certificate signed by an officer not below the rank of District Magistrate/additional District Magistrate in proof of his/her being a natural born Scheduled Castes/scheduled Tribes person as notified in the Presidential Order for the State of Rajasthan and that he/she fulfils conditions as laid down in rule 3 below. The reservation mentioned above can be interchanged if sufficient number of candidates are not available to fill up the sates reserved for Scheduled Caste or Scheduled Tribes candidates. Such seats will be filled up by suitable candidates from Scheduled castes and vice versa If the number of qualified candidates belonging to S. C. /s. T. is not sufficient to cover the above reservation a maximum of 10 reserved seats in a year may be carried forward to subsequent year. (d) 25% of the seats (excluding seats reserved in clause (a) and (b) of rule 2 are reserved for girl candidates. If eligible and suitable girl candidates from Scheduled Casts/tribes are not available, these sates will be filled upby the male candidates of Scheduled Caste/scheduled Tribes. But in any case the overall total number of seats for girl candidates must be 25% of the total seats excluding seats, reserved under clause (a) and (b) of Rule 2. (e) In case, the reserved seats are not filled in a particular category, the unfilled seats will be transferred to general seats. "

(3.) THE convener of the Admission Board and Principal, S. M. S. Medical College and Controller of attached hospital, Jaipur announced the selection of candidates for admission to the Medical College. THE gist of this list is as follows: - List No. Date Foreign Burma S. C. S. T. Total Boys Girls Boys Girls Boy Girls I 10-9-77 __ 1 17 3 7 95 202 325 II 1-10-77 - - 1 - 1 30 100 132 III 4-10-77 - - - - - - 1 1 IV 31-10-77 - - 1 - - 2 1 4 V 23-11-77 - - (25) (3) (9) - 19 56 1 19 (25) 3+ (3): 8+ (9) 127 323 518