SUPREME COURT OF INDIA

Before:- S. Rajendra Babu and Doraiswamy Raju, JJ.

W.P. (C) No. 27 of 2001. D/d. 26.07.2001.

Dr. Sudhir Kumar Gupta - Petitioner

Versus

University of Delhi & Ors. - Respondents

For the Appellant :- Mr. Ajay Garg and Mr. Chander Shekhar Ashri, Advocates.

For the Respondents :- Mr. A. Mariarputham, Advocate.

For the Delhi University :- Mr. Maninder Singh, Mr. Anurag D. Mathur, Ms. Pratibha M. Singh and Ms. Kavita Wadia, Advocates.

Constitution of India, 1950 Article 14 Post Graduate Medical Examination - Admission - Admission refused on ground that candidate has not completed one year of compulsory rotating internship - Petitioner challenged rule on ground eligible criteria give undue advantage to those candidates who have done MBBS in 15 % quota of seats on All India basis from other states and are resident of Delhi as they will be eligible for 75% seats in respect of states and also 75 % seats in Delhi plus 25 % seats of All India Quota - Identical arguments stood repealed in cases before Court - No Merit in petition - Petition dismissed.

[Para 3]

Cases Referred :-

Abhinav Aggarwal and Anr v. Union of India and Ors., (2001) 3 SCC 425.

Dr. Parag Gupta v. University of Delhi and Ors., (2000) 5 SCC 684.

State of U.P. and Ors. v. Vineet Singh and Ors., (2000) 7 SCC 262.

JUDGMENT

The petitioner is a resident of Delhi. He took the entrance examination for admission to MBBS conducted by the University of Delhi in the year 1994 to fill up 75% seats in different institutions in Delhi. He was admitted in the University College of Medical Sciences, Shahdara, Delhi for pursuing his degree in MBBS.

2. It appears that though he was selected in All India Institute for Medical Sciences under the 15% quota of seats to be filled up on All India basis, he did not join the same as he had already been admitted in the University of Delhi. In the year 1999 he graduated in MBBS from the University of Delhi and he applied for entrance test to be conducted by the University of Delhi for Post Graduate Medical Examination. He was found to be not eligible for the said examination on the ground that he had not completed one year of compulsory rotating internship after passing the final MBBS examination from the University of Delhi on or before 31.3.2000. He appeared for the Post Graduate Medical Course held on 13.2.2000 and his name appeared in the merit list based on the marks obtained in the screening test. However, his name was little low in the merit list and he was not able to take admission in his chosen/opted medical course, so he opted to withdraw. Then again in December, 2000 a bulletin of information for Post-Graduate Degree etc. in medical science for the Session 2001 was issued and the petitioner found that a rule had been framed to the following effect:

"III. Requirements for admission to Post-Graduate Courses:

(A) 1. Candidate must have completed satisfactorily one year of compulsory rotating internship after passing the M.B.B.S. examination from the University of Delhi on or before 31.3.2001 and must have full registration with the State Medical Council/Medical Council of India.

2. The candidate who has passed the MBBS examination from a University other than Delhi University, having been allotted to the same under the 15% All India Quota by the Director General of Health Services would also be eligible if he/she is permanent resident of the National Capital Territory of Delhi,(The proviso has been incorporated as per the direction of the Hon'ble Supreme Court in Dr. Parag Gupta's case and is subject to further order of the Hon'ble Supreme Court and if he/she fulfills at the following three conditions:

(i) He/she passed 10+2 examination from National Capital Territory of Delhi.

(ii) He/She is permanent resident of the National Capital Territory of Delhi.

(iii) He/she has passed the MBBS examination from a University other than Delhi University., having been allotted to the same under the 15% All India Quota by the Director General of Health Services if he/she is permanent resident of the National Capital Territory of Delhi."

3. The petitioner is challenging the said rule on the ground that the eligibility criteria set forth therein gives unfair advantage to those candidates who have done their MBBS in 15% quota of seats on All India basis from other States and are residents of Delhi as they will be eligible for 75% seats in the respective States and also for 75% seats in Delhi plus 25% seats of the All India quota and would give them the benefit of eligibility for 75% seats while a candidate like the petitioner who is a resident of Delhi and has done his MBBS from Delhi would be eligible for 75% seats of Delhi only as he cannot give the Post-Graduate examinations of other States except for 25% seats of All India quota and his chances of getting admitted into the Post Graduate course in the University of Delhi have become bleak.

4. Identical arguments were addressed and stood repelled in at least three decisions of this Court in Dr. Parag Gupta v. University of Delhi and Ors. (2000) 5 SCC 684, State of U.P. and Ors. v. Vineet Singh and Ors. (2000) 7 SCC 262 and Abhinav Aggarwal and Anr v. Union of India and Ors. (2001) 3 SCC 425. In the circumstances we find no merit in this petition and hence the same is dismissed.

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