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1988 Supreme(SC) 490

A.P.SEN, L.M.SHARMA
Ajay Pradhan: Sanjay Kumar Shrivastava – Appellant
Versus
State Of M. P. – Respondent


Advocates:
ASHWINI KUMAR, DIVAN BALAK RAM, G.L.SANGHI, M.N.KRISHNA MANI, R.K.SINGHAL, RAJINDER SACHAR, S.K.Gambhir, S.N.KHERDEKAR, SANJAY SARIN, T.C.SHARMA, VIVEK GAMBHIR

Judgment

SEN, J. :- These two appeals by special leave brought from the judgments and orders of the Madhya Pradesh High Court dated June 8, 1987 and January 12, 1988 dismissing the writ petitions filed by each of the appellants, substantially involve a question as to the interpretation of Rule 10 of the Madhya Pradesh Selection for Post-Graduation Courses (Clinical, Para-clinical and Non-clinical Coures) in Medical Colleges of Madhya Pradesh Rules, 1984 (Rules for short). The question raised is one of moment as it involves the right to admission to a seat in the Post-Graduate course in Medicine and Surgery in medical college (hereinafter referred to as the PG course in MD/MS) falling vacant in the midst of, or towards the end of, an academic year which, we believe, is a problem facing all the States.

2. First the facts. In these cases, the facts are not in dispute. In Dr. Ajay Pradhans case for the academic year 1986-87 commencing from September 1986, there were nine seats reserved for the post-graduate course in. the clinical subject of General Medicine for the G. R. Medical College, Gwalior. All the nine seats were filled by the Dean, Medical College from amongst candidates strictl









































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