Civil Misc. Writ Petition No. 14535 of 2014. Case: Himanshu Singh Vs Union of India. High Court of Allahabad (India)
| Case Number | Civil Misc. Writ Petition No. 14535 of 2014 |
| Counsel | For Appellant: Birendra Pratap Singh, Adv. and For Respondents: C.S.C., A.S.G.I. and Ishan Shishu,Adv. |
| Judges | Dr. Dhananjaya Yeshwant Chandrachud, C.J. and Dilip Gupta, J. |
| Issue | Constitution of India - Article 226 |
| Judgement Date | March 27, 2014 |
| Court | High Court of Allahabad (India) |
Judgment:
1. By these proceedings under Article 226 of the Constitution, the petitioners have sought to challenge the validity of a Government Order dated 16 December 2013 which regulates admissions to the Uttar Pradesh Post-Graduate Medical Entrance Examination (U.P.P.G.M.E.E-2014). All the petitioners obtained the M.B.B.S. Degree from the Rajiv Gandhi University of Health and Science, Karnataka. The petitioners have stated that since they have not completed their M.B.B.S. from the State of U.P., they are being denied the benefit of competing for the State quota of 50% in the Post-Graduate Medical Courses. Consequently, it has been contended by the petitioners that as a result, even if a student is domiciled in U.P., by operation of the Government Order he would be deprived of the opportunity to compete for the State quota. The Information Brochure for the U.P.P.G.M.E.E-2014 stipulates that the total available seats in the State quota would be governed by an eligibility requirement that candidates, who passed the M.B.B.S./B.D.S. Courses from certain State run Medical Colleges and from recognized Private Medical and Dental Colleges of the Uttar Pradesh are eligible to appear in the Entrance Examination. The relevant condition is to the following effect:
Eligibility for Admission:
1. Candidates who have passed MBBS/BDS course from the State Medical Colleges of Agra, Allahabad, Gorakhpur, Jhansi, Kanpur, Meerut, U.P. Rural Institute of Medical Science & Research Saifai Etawah, Medical/Dental Faculty of K.G. Medical University, Lucknow and recognized Private Medical/Dental Colleges of U.P. are eligible to appear in the entrance examination (Vide GO, No. 4097/71-2-13-103/2011) Dated: 16-12-201.
The brochure embodies the requirement which is stipulated in the Government Order dated 16 December 2013. Among other conditions, it is provided that fifty per cent seats are available in the All India quota and the balance fifty per cent are State quota seats available for students who have to appear at the U.P.P.G.M.E.E-2014.
2. The contention of the petitioners is that in certain other States such as the State of Karnataka, a restrictive condition of the nature that is imposed in the State of Uttar Pradesh has not been imposed and the eligibility criteria for the Post-Graduate Entrance Test in that State is that the students should be of Karnataka origin and should have pursued the M.B.B.S. Degree Course in a Medical College situated in...
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