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1981 Supreme(Goa) 10
Goa High Court
Dr. GUSTAVO FILIPE COUTO, Ag. J. C.
Dr. S.K. Juwarkar - Appellant
Versus
Dr. Ku. Maria D.P. de Rego - Respondents
Special Civil Appln. (W.P.) No.120 of 1981
Decided On : 12 October 1981
F. Rebello, for Petitioner; J. Coelho Pereira, (for No.1) and J. Dias, Govt. Advocate (for Nos.2 to 4), for Respondents.
The doctrine of promissory estoppel does not apply when a public officer acts beyond the scope of their authority and arbitrarily, without the knowledge and consent of the Government.
Headnote:
POST-GRADUATE COURSE SELECTION - RULES - AMENDMENT - PROMISSORY ESTOPPEL - APPLICABILITY - GOVERNMENT'S LIABILITY - ART.14 VIOLATION - DEPARTURE FROM RULES - JUSTIFICATION - ADMINISTRATIVE INSTRUCTIONS - ENFORCEABILITY - PUBLIC BODIES' OBLIGATIONS - LEGISLATIVE POWER - LIMITATIONS - ORAL DIRECTIONS - AUTHORITY - SCOPE.
Fact of the Case:
Petitioner, a medical graduate, challenged the selection of Respondent No.1 for a Post-Graduate course in Pediatrics, alleging that the selection process violated the existing rules and principles of natural justice. The petitioner claimed that the selection rules were amended based on suggestions made by the Dean and agreed upon by the Goa Association of Resident Doctors (GARD), but the respondents denied this amendment and asserted that the selection was made according to the original rules approved by the Government.
Finding of the Court:
The Court found that the question of whether the rules were amended as alleged by the petitioner was an open question of fact requiring evidence and could not be determined in the petition. The Court also held that the petitioner failed to establish that the selection of Respondent No.1 violated the principles of natural justice or was arbitrary and violative of Article 14 of the Constitution.
Issues: 1. Whether the selection of Respondent No.1 for the Post-Graduate course in Pediatrics violated the existing rules and principles of natural justice? 2. Whether the rules for selection were amended based on suggestions made by the Dean and agreed upon by the GARD? 3. Whether the selection was made according to the original rules approved by the Government? 4. Whether the petitioner was entitled to the Post-Graduate seat based on the amended rules?
Ratio Decidendi: 1. The Court held that the question of whether the rules were amended as alleged by the petitioner was an open question of fact requiring evidence and could not be determined in the petition. 2. The Court found that the petitioner failed to establish that the selection of Respondent No.1 violated the principles of natural justice or was arbitrary and violative of Article 14 of the Constitution. 3. The Court held that the doctrine of promissory estoppel did not apply in the present case because the then Dean acted beyond the scope of his authority and arbitrarily, without the knowledge and consent of the Government, in giving oral directions for the selection of candidates for the post-graduate courses to be made in February 1981 in contravention of the existing Rules.
Final Decision: The Court dismissed the petition, holding that the petitioner failed to make out a case justifying the exercise of its writ jurisdiction.
ORDER :- Dr. S.K. Juwarkar, resident of Pediatrics, Goa Medical College, Panaji, challenges in this petition filed under Art.226 of the Constitution, the validity of the selection of Dr. (Kum.) Maria D.P. de Rego, respondent No.1 for the Post-Graduate course in pediatrics, and prayed that her selection be quashed and respondents Nos.2 to 4 be commanded to select him instead by writs of certiorari and mandamus, respectively, or any other appropriate writ, order or direction.
2. The case of the petitioner is that he holds a Degree of M.B.B.S. since April, 1978. He has passed the First M.B.B.S. with an aggregate percentage of 62.62% the Second M.B.B.S. with an aggregate of 64% and the Final with an aggregate percentage of 64.40%. The Goa Medical College has facilities for training students to appear for the M.B.B.S. courses conducted by the Bombay University. On 29th June, 1981, applications were invited for Post-Graduate courses in the Pediatrics Department and the last date for receiving such applications was the 16th of July, 1981. The number of seats shown was one and the petitioner applied for the said seat. By notice, dated 20th July,1981,issued in continuance of the Notice, dated 29th June,1981, it was announced that the number of seats of Post-Graduate courses in the Pediatrics Department was two. Admissions to Post-Graduate courses are based on the Rules framed by the Sub-Committee for drafting Rules for selection of candidates to Post-Graduate studies of the Goa Medical College along with the Association of the Resident doctors known as the Goa Association of Resident Doctors, to be hereinafter referred to as GARD.
Rule (1) of the initially framed Rules was harsh and oppressive and as such, GARD served demands on respondent No.2 and thereupon, respondents agreed to discuss the matter. A meeting took place on 5th August, 1980, between the representatives of the GARD on the one hand and the Chief Minister for Goa, Daman and Diu, the Health Secretary to the Government of Goa, Daman and Diu and, the Dean of the Goa Medical College on the other hand and, among others, the demand that the Rules for admission for the Post-Graduate courses be framed in form of Prospectus to be effective for a period of five years and in consultation with the executive of the GARD was considered. On 8th September, 1980 another meeting was held between the members of the Sub-Committee for drafting the Rules for selection of candidates for Post-Graduate studies and the GARD and the Dean made a suggestion that the merit list should be drawn by adding aggregate percentage of three M.B.B.S. examinations and the subject percentage for which the candidate seeks Post-graduation.
The deduction of 5% marks for failure in the examination should be done from the subject marks of that subject in which the candidate has failed while calculating the aggregate percentage and not from the aggregate total percentage as is done at the present nor from subject percentage for computing the merit list. This suggestion was not opposed by any other member of the Committee and the GARD agreed with it. By letter No.71-50-80/PHD, dated 3rd January, 1981 confirmed in terms, what was agreed on 5th August, 1980 including the rule pertaining to the selection for Post-Graduate courses. Candidates had to be selected in February, 1981 for Diploma Courses in the various Faculties with the College of Physicians and Surgeons, Bombay, and the selection was done taking into consideration the new Rules as suggested by the Dean and agreed to by the GARD.
The amended Rules were the only Rules in existence at the time applications were invited for the two seats in the Pediatrics Department. After applications were invited for filling up the seats for Post-Graduate courses, on the 20th July, 1981, the representative of the College Council acting on behalf of the College as also the Dean of the Goa Medical College arrived at an agreement with the representatives of the GARD, accor
