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competition

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ARO Allahabad High Court

created Apr 16th 2019, 14:07 by TechtalkAnkita


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Court No. - 19                                                               
Case :- MISC. SINGLE No. - 8616 of 2019
Petitioner :- Dr. Jitendra Gupta & Ors.
Respondent :- State Of U.P. Thru. Prin. Secy. Med. Education & Anr.
Counsel for Petitioner :- Sudeep Seth Counsel for Respondent :- C.S.C.,Sanjay Bhasin
Hon'ble Alok Mathur,J.
1.    Heard Sri Sudeep Seth, learned counsel for the petitioners as well as Sri Rahul Shukla, learned Additional Chief Standing Counsel for respondent no. 1 and Sri Sanjay Bhasin, learned counsel for the respondent no. 2.
2.    The petitioners who are qualified doctors possessing degree in Bachelor of Medicine & Bachelor of Surgery (MBBS) from King George Medical University, UP, Lucknow in the year 2017 and have also qualified the online written examination of National Eligibility-cum-Entrance Test, 2019 (hereinafter referred to as "NEET"), have approached this Court seeking a writ, order or direction in the nature of certiorari for quashing the Eligibility Clause 3 (Kha) in the Government Order dated 09/03/2019, as well as Clause 2, whereby in the eligibility criteria, domicile candidates of State of Uttar Pradesh who have obtained admission under All India Quota for MBBS Courses in the Medical Colleges situated outside the State of Uttar Pradesh have been declared to be eligible. The Candidates who are domiciled in the State of Uttar Pradesh and who have obtained admission under 15% All India Quota/AIIMS/Central Government Institutions for MBBS course in the Medical College/Institution situated outside Uttar Pradesh State and who have obtained the degree from a University situated outside the State of Uttar Pradesh will also be eligible for selection process of NEET-PG 2019. Such candidates should submit (i) certificate from the Principal/Dean of respective Medical College stating that the candidate was admitted under 15% All India Quota/AIIMS/Central Government Institutions for MBBS Course and (ii) Candidate's Domicile certificate of Uttar Pradesh State by virtue of residence issued by competent authority."
3.    It has also been submitted that the above provision was incorporated in the Counseling Brochure issued by the DirectorGeneral, Medical Education and Training, Uttar Pradesh, Lucknow and the same finds mention under the heading "Eligibility for Admission" in Clause 2 of the said brochure.
4.    By means of the impugned Government Order dated
09/03/2019 and the counseling brochure, it is provided that the candidates who are domiciled in State of Uttar Pradesh and who have obtained admission under the All India Quota/AIIMS/Central
Government Institutions for MBBS course in the Medical
College/Institution situated outside the State of Uttar Pradesh, will also be eligible for selections under the NEET PG 2019, such candidates should submit certificate from the Principal/Dean of respective Medical College stating that the candidate was admitted under All India Quota/AIIMS/Central Government Institutions for MBBS course and the candidate shall submit 'Domicile Certificate' of Uttar Pradesh State, by virtue of residence, issued by competent authority.
5.    The contention of the counsel for the petitioners is that by means of the aforesaid Clause - 2, preference has been given to candidates on the basis of 'Domicile' to compete for Institutional
Quota of State Government, if such candidate have pursued MBBS.

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