Karnataka High Court
KARNATAKA STATE JUNIOR DOCTORS ASSOCIATION - Appellant
Versus
POST-GRADUATE SELECTION COMMITTEE, KARNATAKA, BANGALORE - Respondent
Decided On : 06-14-95
W.P. : 13893 of 1995
Junior Doctors - Post-Graduate Selection - Karnataka Medical Colleges and Dental Colleges (Selection for Admission to Post-Graduate Courses) Rules, 1987 - Rule 7, Rule 7(a), Rule 9, Rule 10, Rule 11 - The court found that the impugned notice Annexure-B, containing eligibility and non-eligibility clauses for the second round of spot counselling, was in conformity with the rules framed by the state government for selection of candidates to post-graduate medical and dentistry courses. The court also held that the procedure of selection based on counselling as envisaged under the rules was not arbitrary or unreasonable, thereby not offending Article 14 of the Constitution of India.
Fact of the Case:
The petitioner, an association of junior doctors, filed a writ petition challenging a notice issued by the post-graduate selection committee and the director of medical education in Karnataka, inviting eligible candidates to participate in the second spot counselling for admission to 1994-95 post-graduate medical and dental seats. The petitioner claimed that the procedure adopted by the government for selection to post-graduate courses disadvantaged more meritorious students.
Finding of the Court:
The court found that the impugned notice was in conformity with the rules framed by the state government and that the procedure of selection based on counselling was not arbitrary or unreasonable, thereby not offending Article 14 of the Constitution of India.
Issues: The main issue was whether the procedure of selection based on counselling as envisaged under the rules could be said to be arbitrary or unreasonable, thereby offending Article 14 of the Constitution of India.
Ratio Decidendi: The court held that the eligibility and non-eligibility clauses in the impugned notice were in conformity with the rules framed by the state government and that the procedure of selection based on counselling was not arbitrary or unreasonable, thereby not offending Article 14 of the Constitution of India.
Final Decision: The writ petition was dismissed without any cost.
( 1 ) THE petitioner claims to be an association of junior doctors, which has been registered as such under the societies Registration Act. It claims to represent the interest of general body of junior doctors. This writ petition has been filed by the said association for declaring the notice dated 7th april, 1995 (Annexure-B) issued by the first respondent namely the post-graduate selection committee and the director of medical education in karnataka, inviting the eligible candidates to participate in the second spot counselling for admission to 1994-95 post-graduate medical and dental seats (hereinafter called as available post-graduate seats) as being void and illegal and for a further direction directing the first respondent even to permit such candidates who had already been allotted seats to participate in the second counselling to avail fresh choice of subject from among the seats available in second counselling as per the ranking in the selection list. At this stage, it is worthwhile to mention that "junior doctors" whose interest the petitioner-association claims to represent, and the expression "junior doctors" has nowhere been elaborated in the writ petition so s to show that any of the members of the association, had participated in the post-graduate entrance test in question or that having so participated, they had opted for the subjects in the first counselling and for that reason, denied the opportunity of participating in the impugned second spot counselling thereby prejudicially affecting their fundamental or any other constitutional right. The validity of the impugned notice Annexure-B has been questioned by the petitioner without laying any foundation of facts which can legitimately lead to a grievance for adjudication by this court under writ jurisdiction. The question raised seems to be more academic in nature. Highlighting these aspects, the learned counsel appearing for the respondent authorities and the impleaded respondents, have seriously challenged the locus standi of the petitioner-association to maintain the present writ petition in the form it has been framed.
( 2 ) THE state government has framed "the Karnataka medical colleges and dental colleges (selection for admission to post-graduate courses) rules, 1987 (hereinafter called as the "rules") for the purpose of selection of candidates for admission to post-graduate degree and diploma course as specified in the rules. In respect of seats in government medical colleges, government seats in private medical colleges and seats in government dental college, Bangalore. These rules seems to have been framed under the executive powers of the state and are not suppbrted by any statute. In accordance with these rules, the entrance test is held by the state every year for the purpose of admitting candidates to various post-graduate and diploma courses in accordance with the principles laid down in the said rules. These rules were subject to an amendment by a notification dated 17-1-1995 whereby Rule 7 of the rules was substituted by new rules 7 and 7 (a) which read s under:"7. Preparation and publication of merit list: 1. The selection comrnittee shall prepare the merit list of all the eligible candidates who have appeared for the entrance test and cause publication of the list in all the government medical and dental colleges in the state. 2. A candidate appearing for the entrance test may not be considered for admission unless the candidate also satisfied the other conditions stipulated in these rules. 7a. Selection of candidates by personal appearance: 1. For the purpose of selecting candidates for the course of study the selection committee shall out of the merit list prepare a further list of candidates, to be called the selection list, comprising such number of candidates in their order of merit as in the merit list as equal to one hundred and fifty percent of the total number of seats available in all the courses. 2. The selection c
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