SANJAY AHLAWATversusM.D. UNIVERSITY AND ORS.

                        SANJAY ARLA WAT                                    A
                               v.
                    M.D. UNIVERSITY AND ORS.

                        NOVEMBER 24, 1994

              [B.P. JEEV AN REDDY AND S.C. SEN, JJ.]                       B

    Constitution of India-Article 14-Clause 3(i) of Chapter IV of
Prospectus for MD.IMS.IP.G. Diploma Entrance Examination, 1993 of
Maharishi Dayanand University, Rohtak-Provision for awarding 10 extra
marks to locally qualified graduates-Whether arbitrary and discriminatory-
Held, No.                                                                  C

    Education-Post Graduate Medical Courses-Entrance Examination--
Maharishi Dayanand University Rohtak-Clause 3(i) of Chapter IV of
Prospectus-System of awarding 10 extra marks to locally qualified
graduates-Constitutional validity of
                                                                           D
     The appellant challenged the validity of clause 3 (i) of Chapter IV
of the Prospectus for M.D./M.S./P.G. Diploma Entrance Examination,
1993 of Maharishi Dayanand University, Rohtak, on the allegation that
the procedure for selection and admission of students to the Post
Graduate Medical Course was arbitrary and discriminatory.
                                                                           E
    A written test was held for the purpose of selection of candidates to
the Post Graduate Medical Course. Maharishi Dayanand University
allowed 10 extra marks to the candidates who had graduated from the
Medical· College at Rohtak. The appellant's grievance was that the
grant of 10 marks to the locally qualified students virtually amounted
to shutting the doors of admission to Post Graduate Medical Courses to F
the students who had qualified from other Universities, and that there
was no chance of getting admission to Maharishi Dayanand Medical
College in M.S./M.D. Course.

     According to the respondent University, the main reason for the
rule of granting weightage of 10 marks to the candidates, who were G
graduates of Medical College, Rohtak, was that there was only one
Medical College in the entire State of Haryana, and that there had been
shortage of doctors, in particular specialist doctors in Haryana.
Therefore, some preference. had to be given to the local graduates. It
was most emphatically denied that granting 10 additiona1 marks to the
local graduates, in fact, ensured 100% reservation for the State.       H
                                    59
    60                   SUPREME COURT REPORTS              [1994] SUPP. 6 S.C.R

A        Dismissing the appeal, this Court·

         HELD:l.1. The appellant has been unable to establish that the
    system of awarding 10 extra marks to the graduates of the only
    Medical College for admission to the Post Graduate Medical Courses in
    the State of Haryana, is in any way discrjminatory and violates Article
B   14 of the Constitution of India. It has been explained on behalf of the
    respondents that the extra marks are awarded to the local medical
    graduates for the purpose of ensuring that medical facility in the State
    is not impaired in any way because of dearth of doctors. It is expected
    that the resi~ents of Haryana, after obtaining Medical Degrees, will
    remain in Haryana and their services will be available to the people of
C   the State~ This distinction cannot be regarded as arbitrary and
    discriminatory ha.ving regard to the object stated. Nidamarti Mahesh ·
    Kumar v. State of Maharashtra, [1986) 2 SCC 534 and Pradeep Jain v.
    Union ofIndia, [1984) 3 SCC 654, distinguished. [62 H, 63 A, BJ

         1.2. In the instant case, no reservation has been made for the boys
D . graduating from Maharishi Dayanand Medical College at all. The
    students from other universities may apply for admission. There is no
    Reservation of seats college-wise or university-wise. But some
    preference is given to candidates, based on domicile in Haryana or ·
    education. at the only Medical College at Haryana. This does not have
    the effect of shutting the doors of admission to the out-station boys.
E                                                                    . [64 B, CJ
         CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8033/94.

       From the Judgment and Order dated 22.2.94 of the High Court Punjab
    & Haryana in CWP. No. 12353/93.
F        Ravinder Bana for the Appellant.

         Nidhesh Gupta and A.K. Mahajan for the Respondents.

         The Judgment of the Court was delivered by

G        SEN, J. Special leave granted.

         Sanjay Ahlawat, the appellant herein, has challenged the validity of
    clause 3 (i) of Chapter IV of the Prospectus for M.D./M.S./P.G. Diploma
    Entrance Exawination, 1.993 of Maharishi Dayanand University, Rohtak, on
    the atlegatimf that the procedure for selection and admission of students to
H   the Post-Graduate Medical Course is arbitrary and discriminatory.
                    SANJAY AHLA WAT v. M.D. UNIVERSITY [SEN, J.]                 61

            A written examination is held for the purpose of selection of candidates A
       to the Post-Graduate Medical Course. The merit list of the candidates is
       prepared in the following manner:

                     "3. Determination merit.

                (i) Weightage for Graduate of Medical College, Rohtak. IO .Marks B

                                                 OR

                     Candidates who are residents/domicile of Haryana but have
                     passed their MBBS for Medical College outside Haryana
                     provided the Medical College is recognised by the M.C.I. and     C
                     where /.dmission was secured on the basis of open
                     competitive test.                                   5 Marks

                     (ii) Written Examination.                           90 Marks"

            Apart from the institute at Rohtak, there is no other Medical College in
       the State of Haryana. Out of the total number of 94 seats available for D
       admission to the Post-Graduate Courses, 24 seats are reserved for students
       selected on all India basis. The remaining 70 seats are allotted on the basis
       of the examination conducted for this purpose. Maharishi Dayanand
       University allows I 0 extra marks to the candidates who have graduated ·
       from the Medical College at Rohtak. The ·medical graduates of other E
       universities are at a disadvantage because of this rule.

            Sanjay Ahlawat appeared in the entrance test conducted by the
       Maharishi Dayanand University for admission to M.D./M.S./P.G.
       Diploma!M.D.S. Course for the year 1993. He was placed at Sr. No. 76 in
       the merit list. He was asked to exercise his choice regarding the courses and
....   subjects available on the basis of his position in the merit list. He was given F
       admission to DOMS, course on the basis of the option exercised by him at
       the time of interview.

             The appellant's grievance is that Anupma Ruda,, Ashwani Kumar and
       Rajnish Gupta, being respondents Nos. 3, 4 and 5, were placed in the merit G
       list at Nos. 16, 17 and 38 respectively. The appellant was given 33 marks
       and placed at No. 76 in the merit list. The respondent No. 3 secured 41
       marks, respondent No. 4 secured 42.75 marks and respondent No. 5 secured
       40.75 marks, after being given weightage of IO marks. If the weightage is
       taken away, the marks secured by them would come to less than 33. The
       grant of l 0 marks to the locally qualified students virtually amounts to H
    62                   SUPREME COURT REPORTS               [1994] SUPP. 6 S.C.R

A   shutting the doors of admission to Post-Graduate Medical Courses to the
    students who have qualified from other Universities. There is no chance of
    getting admission to Maharishi Dayanand Medical College in M.S./M.D.
    Course.

         It has been stated by the Registrar of Maharishi Dayanand University,
B   Rohtak, in his counter-affidavit to the Special Leave Petition, that the
    admissions are made strictly on the basis of merit. There is a rule for
    granting weightage of 10 marks to the candidates, who are graduates of
    Medical College, Rohtak. The main reason for this rule is that there is only
    one Medical College in the entire State of Haryana. There is shortage of
    doctors, in particular specialist doctors in Haryana. The number of doctors
c   employed in the Government Health Services is i606 even though the
    sanctioned strength is 1961. Out of total strength of 588 Specialist Doctors,
    only 342 posts have been filled q,p. Therefore, some preference has to be
    given to the local graduates, so that they may qualify and serVe the State. .
    The weightage, that is given to the products· of the local College, is mainly
    for the reasons stated hereinabove.
D
         It has been most emphatically denied that granting l O·additional marks
    to die local graduates has, in fact; ensured 100% reservation for the State. A
    list of successful candidates who have·. graduated from institutions other· ·
    than Rohtak Medical Coilege, has been given for the sessions commencing
    in 1992, 1993 and 1994. A list has also been given of candidates, who had
E   graduated from other institutions and had qualified for admission on the
    basis of the t~st held, but did not opt foi: any P.G. Course and did not appear
    in the interview for the session commencing in 1994 for reasons of their
    own.

F
         The validity of clause 3(i) of Chapter IV• of the Prospectus for
    Admission to M.D./M.S./P.G. Diploma Entrance Examination,· 1993 had
    been challenged earlier in the cases of Dr. Sanjeev Gaur v. MD. University,
    Rohtak, (Civil Writ Petition No. 10818 of 1992) and also in the case of Dr.
                                                                                      -
    Manoj Kumar v. MD. University, Rohtak (C.W.P. No. 8503 of 1993): In
    both these cases, the validity of clause 3 (i) was upheld. Manoj Kumar ·had
G   approached the Supreme Court by filing S.L.P. No. (C) 14185 of 1993,
    which was dismissed by a Bench comprising of the Hon'ble the Chief
    Justice of India and Mr. Justice S. Mohan on 26.10.93.

        The appellant has been unable to establish that the system of awarding.
    10 extra marks to the graduates. of the only local Medical College for
H   admission to the Post-Graduate Medical Courses in the State· of Haryana, is
             SANJA Y AHLA WAT v. M.D. UNIVERSITY [SEN, J.]              63

in any way discriminatory and violates Article 14 of the Constitution of A
India. It has been explained on behalf of the respondents that the extra
marks are awarded to the local medical graduates for the purpose of
ensuring that medical facility in the State is not impaired in any way
because of dearth of doctors. It is expected that the residents of Haryana,
after obtaining Medical Degrees, will remain in Haryana and their services
will be available to the people of the State. This distinction, in our view, B
cannot be regarded as arbitrary and discriminatory having regard to the
object stated in the counter-affidavit.

     Strong reliance was placed by the appellant on the case of Nidamarti
Mahesh Kumar v. State of Maharashtra and others, [1986] 2 SCC 534. In
that case, Rule B(2) framed by the State Government on December 21, C
1984 for admission of students to the MBBS Course was under challenge,
Rule B(2) provided:

             "Students who have passed HSC (10+2) 12th standard
             examination of the Maharashtra State Board of Secondary
             and Higher Secondary Education from Schools/Colleges D
             situated within the jurisdiction of one university are not
             eligible for admission to medical college or colleges situated
             in the jurisdiction of another university. The seats at the
             Government Medical Colleges in Maharashtra State except
             those earmarked for nominees of the Goveniment of India E
             and nomin.ees of Miraj Medical Centre and those mentioned
             in Rule D(4) below are reserved for the students of the
             respective university area."

     As a result of this rule, Medical Colleges were classified region-wise
and a student of a school or college situated within the jurisdiction of a
particular university could not seek admission to a Medical College situated F
within the jurisdiction of any other university. It was held on the basis of
the judgment of this Court in the case of Pradeep Jain v. Union of India,
[1984] 3 SCC 654, that the State could depart from the principle of
selection based on merit on the basis of two grounds: (I) State interest in
providing adequate medical service to the people of the State by imparting G
medical education to students who by reason of their residence in the State
would be likely to settle down and serve the people of the State as Doctors.
(2) Backwardness of a particular region. The Court held that it was not
possible to categorise the region within the jurisdiction of the various
universities as backward and, in any event, no material was placed before
the Court which could persuade the Court to reach that conclusion. ·As a H
    '· 64                    SUPREME COURT REPORTS               [1994] SUPP. 6 S.C.R

A     rnsult of the region-wise classification, a student from one region could not
      ge~ admission to the Medical Colleges of another region, though he might
      have done much better than the students of the other region. In that view of
      this, Rule. 8(2) framed by the State Government for admission into Medical
      Colleges in the State, was struck down.

B         But, in the instant case,' no reservation has been .niade for the boys
     graduating from Maharishi Dayanand Medical College at all. The students
     from other universities may apply for admission. This rule is that local boys
     graduating from Medical Colleges outside Haryana will be allotted 5
     additional marks and the graduates .of Medical College, Rohtak, will be
     allotted l 0 additional marks in the selection test. There is no reservation of
C    seats college-wise or university-wise. But some preference is given to
     candidates, based on domicile in Haryana or education at the only Medical
     College at Haryana. This does not have the effect of shutting the doors of
     admission to the outstation boys. In fact, a number of candidates who have
     graduated from other medical. colleges have been admitted to the post ·
     graduate medical course of the Maharishi Dayanand University on the basis
D    of the selection test conducted by the University. The appellant himself has
     _been admitted in the D.O.M.S. Course according to the_ option exercised by
     him.

            The appeal, therefore, is dismissed. There will be no order as to costs.
E
     A.G.                                                         Appeal dismissed.