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3. Before listing the rival contentions and attempting to deal with the same, some basic facts leading to these petitions need to be noted. The petitioners have passed their MBBS Degree examination from various Universities in the State of Gujarat. The petitioner No. 1 passed his MBBS examination in February, 2005 and completed his internship in March, 2006 from Baroda Medical College. The petitioner No. 2 passed his MBBS examination in November, 2004 and completed his internship on 21-11-2005 from Government Medical College, Surat. The petitioner No. 3 passed his MBBS examination in November, 2003 and completed his internship on 31-1-2005 from the Government Medical College, Surat. The petitioner No. 4 passed his MBBS examination in February, 2005 and completed his internship on 31-3-2006 from the Pramukhswami Medical College at Karamsad. The petitioner No. 5 passed his MBBS examination in November, 2003 and completed his internship on 31-1-2005 from the Government Medical College, Surat.

4.2 After the merit list prepared under Rule 4.1 is exhausted the candidates who have completed internship more than three years standing and graduate up to three years standing who had availed three opportunities for P.G. admission on date of interview, will be considered provided that they all have taken M.B.B.S. Degree from the Saurashtra University.
4.3 Candidates graduating from any other University located in Gujarat State and who have completed internship not more than three years will be considered after selection of candidates in the merit list as per Rule 4.2. Such category of reserved students referred to in Rule 5 from amongst the candidates graduating from other Universities within the State of Gujarat and completed one year internship will be considered in respect of balance of seats left unfilled after the operation of Rule 4.2 as per Rule 5.3.
16.2 Rule 4.0 provides for the mode of selecting the candidates under Rules 2.1 and 3.0.
16.3 Rule 4.1 provides for preference to candidates of not more than three years standing after completion of internship/Housemanship, graduating from Saurashtra University and who have not availed of three opportunities for admission to the P.G. Course after completion of internship/housemanship graduating from the Saurashtra University.
16.4 As per Rule 4.2 after the merit list prepared under Rule 4.1 is exhausted the candidates who have completed internship more than three years standing and graduated upto three years standing, who had availed three opportunities for P.G. admission on the date of interview, will be considered as long as they have passed M.B.B.S. Degree from Saurashtra University.
16.9 Rule 5.3 of the Admission Rules inter-alia provides that in case the Residency reserved as mentioned in Rule 5.0 for the respective categories remains vacant due to non availability of candidates in specified category, same will be filled in by the candidate of respective reserve category who has passed MBBS degree examination and completed one year compulsory rotating internship (Housemanship) from any recognised medical college in the State of Gujarat.
17. In my view the scheme of Rules is amply clear. Essentially all available seats of P.G. course for Saurashtra University are divided in two parts. 50% of the seats are to be filled up from All India Quota candidates and remaining 50% is to be filled up from firstly out of candidates from Saurashtra University. This quota may increase, if it is found that sufficient number of qualified students from All India Competitive Quota candidates are not available. Thus, a minimum of 50% seats are made available to local students or students passing MBBS examination from Saurashtra University to be filled up by PG Admission Committee. This may increase to the extent of non-availability of qualified candidates from All India quota. Thus remaining 50% or more of the total seats are to be filled up by the P.G. Admission Committee. First preference is to be given to the candidates of not more than three years standing after completion of internship/ Housemanship and who have not availed of three opportunities for P.G. admission after completion of internship. For some reason, if this source of students is insufficient to occupy all local quota seats, Rule 4.2 of the Admission Rules is to be resorted to under which students passing out from Saurashtra University and those who have completed more than three years since internship and have availed three opportunities for P.G. admission have to be considered. In case, despite operation of Rule 4.2, all seats are not occupied, resort is to be made to Rule 4.3 of the Admission Rules by virtue of which candidates graduating from other Universities located in State of Gujarat have to be considered. At the first instance, those candidates who have completed not more than three years of internship are to be preferred. Significantly, the Rule also provides that such category of reserved students referred to in Rule 5 from amongst the candidates graduating from other universities within the State of Gujarat and completed one year internship will be considered in respect of balance of seats left unfilled after the operation of Rule 4.2 as per Rule 5.3. Even after operation of Rule 4.3, if there are any seats still available, same are offered to the students graduating from other Universities located in State of Gujarat and who have completed internship since more than three years. The remaining vacancies are to be left unfilled subject to certain exceptions.