1991 Supreme(Bom) 97
IN THE HIGH COURT OF BOMBAY
Mrs. Sujata Manohar P.S. Patankar, JJ.
Prita Subodh Patgaonkar (Dr.) others... Petitioners.
Versus
State of Maharashtra others... Respondents.
Writ Petition Nos. 321 with 360, 497, 406, 522 742 of 1991, decided on 15-2-1991.
Advocates appeared :
Avinash Shivade, for petitioners in W.P. Nos. 321, 360 and 497/91.
Mrs. Kiran Bhagalia, Asst. Govt. Pleader, for respondents.
Ajit P. Shah, for petitioner in W.P.No. 406/91.
S.S. Kashirsagar with Anil V. Antorkar, for petitioner in W.P.No. 522/91.
R.M. Bhagalia, for the petitioner in W.P.No. 742/91.
Headnote:Run or Controlled by State Government-Admission to Post graduate Course and Rules 6 (f) (1)-Under G R. of 107-1989 old criterion admission was changed-Admission during Calender year 1990 was to be made on basis of total marks obtained by student in final MBBS Examination Again change made as per G. R. of 7-1-91-Admission to be made on basis of subject marks as per old rules-Challenged-Held-Students appearing in November 1989 could never believe to secure admission or basis of old rules-Not open to Government to change basis of admission by framing G. R. of 7-1-91 long after students passed final MBBS Examination G. R. of 7-1-91 to be set aside Admission to be given in P. G. courses Commencing in January/February, 1991 on basis of total marks obtained in final MBBS Examination.
2. All these writ petitions are before us on account of the repeated changes which have been made by the State Government in the merit criteria for admission to the Post Graduate courses in Medicine conducted in the colleges run by the State Government or under its control in the State of Maharashtra. In a short period of a year and half between July 1989 and January 1991 the State Government has changed its merit criteria for admission to the Post Graduate Courses as many as 4 times: Each time changes which have been made seem to be ad hoc and without any rationale for the change. We have not been given any explanation by the State Government for these repeated changes which have been made, which appear to be without any justification. One Ganesh Damodar Jadhav, an Administrative Officer in the Directorate of Medical Education, Bombay has filed an affidavit on behalf of the State Government in all these writ petitions, in which he has not made any attempt to explain the reason for these repeated changes. Mrs. Bhagalia who appears before us on behalf of the State Government attempted to explain these changes orally by saying that every time the State Government received a representation from any student or students, rules were changed. Although she made this submission with some vehemence, she is not able to explain why no thought was given to the welfare of students or to the implications of the proposed changes before they were made. To say the least, this conduct shows a lack of understanding of what the Government itself was proposing (as will become apparent later) and a lack of responsibility on the part of the officers concerned in making these changes which admittedly affect the future career of a large number of meritorious students. This is bound to raise a considerable doubt about the reasons for such changes.
3. Prior to 10th July, 1989 admissions to the Post Graduate Courses in Medicine in the colleges run by or controlled by the State Government was on the basis of Government Resolution dated 25th June, 1971 under which the basis for admission was marks obtained in the Final M.B.B.S. Examination in the subject which was alli