Dr. Sudhir Kumar Gupta Vs. University of Delhi & Ors.
EmailAppeal: Writ Petition (C) No. 27 of 2001
Petitioner: Dr. Sudhir Kumar Gupta
Respondent: University of Delhi & Ors.
Apeal: Writ Petition (C) No. 27 of 2001
Judges: S. RAJENDRA BABU & DORAISWAMY RAJU, JJ.
Date of Judgment: Jul 26, 2001
Head Note:
EDUCATION
Constitution
Articles 14, 15, 16 – Postgraduate courses in medical sciences – For session of 2001, Delhi University prescribing residential criteria even to those who passed M.B.B.S under 15% all India quota from other universities – Contention that such candidate would be eligible for 75% seats in states, 75% seats in Delhi, plus 25% seats in all India quota. Held that the same was repelled in cases like Dr. Parag Gupta (JT 2000 (5) SC 345) etc. Hence, no merits. (Paras 3, 4)
Cases Reffered:
1. Dr. Parag Gupta v. University of Delhi and Ors. (JT 2000 (5) SC 345) (Para 4)
2. State of U.P. and Ors. v. Vineet Singh and Ors. (JT 2000 (10) SC 1) (Para 4)
3. Abhinav Aggarwal and Anr. v. Union of India and Ors. (JT 2001 (2) SC 420)(Para 4)
2. State of U.P. and Ors. v. Vineet Singh and Ors. (JT 2000 (10) SC 1) (Para 4)
3. Abhinav Aggarwal and Anr. v. Union of India and Ors. (JT 2001 (2) SC 420)(Para 4)
JUDGEMENT:
ORDER
1. 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 postgraduate 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 postgraduate 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 postgraduate 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 postgraduate courses:
(A) 1. Candidate must have completed satisfactorily one year of compulsory rotating internship after passing the MBBS 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 (JT 2000 (5) SC 345) 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 postgraduate examinations of other states except for 25% seats of all India quota and his chances of getting admitted into the postgraduate 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. (JT 2000 (5) SC 345), State of U.P. and Ors. v. Vineet Singh and Ors. (JT 2000 (10) SC 1) and Abhinav Aggarwal and Anr. v. Union of India and Ors. (JT 2001 (2) SC 420). In the circumstances, we find no merit in this petition and hence, the same is dismissed.
1. 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 postgraduate 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 postgraduate 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 postgraduate 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 postgraduate courses:
(A) 1. Candidate must have completed satisfactorily one year of compulsory rotating internship after passing the MBBS 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 (JT 2000 (5) SC 345) 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 postgraduate examinations of other states except for 25% seats of all India quota and his chances of getting admitted into the postgraduate 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. (JT 2000 (5) SC 345), State of U.P. and Ors. v. Vineet Singh and Ors. (JT 2000 (10) SC 1) and Abhinav Aggarwal and Anr. v. Union of India and Ors. (JT 2001 (2) SC 420). In the circumstances, we find no merit in this petition and hence, the same is dismissed.
