Time Professional Post Graduate Medical and Dental Courses) Rules, 2016 (for short, ‘the Rules of 2016’) and the Schedule appended thereto it was submitted that the Authorities were not justified in depriving the Institution of the 15% Institutional Quota in the post-graduate courses. The stand taken by the Authorities by relying upon the Government Resolution dated 22.09.2017 of not providing grant-in-aid to the post-graduate courses was unjustified. Since the Act of 2015 and the Rules of 2016 framed thereunder were applicable and the post-graduate courses run by the Institution were not receiving any grant-in-aid, the Institution was entitled to 15% Institutional Quota. By referring to the rejoinder filed on behalf of the petitioners it was submitted that merely because certain staff members who were teaching under-graduate courses were receiving salary grant from the State Government could not be a reason to deprive the Institution of the 15% Institutional Quota. The under-graduate courses and the post-graduate courses were two distinct units. The post-graduate un-aided courses could be described as an “Un-aided Institution” within the meaning of Section 2(x) of the Act of 2015, thus being entitled to 15% Institutional Quota. It was thus prayed that the post-graduate courses run by the Institution be held entitled to 15% Institutional Quota as per Clause 4.7 of the Information Brochure published by the second respondent – State Common Entrance Test Cell.
