POINT OF LAW: Medical Institution – No Back-door method of filling up of vacancy by any candidate -

JUDGMENT :

P.D. AUDIKESAVALU, J.

(Prayer: Writ Appeal is field under Clause 15 of Letters Patent, to allow this Writ Appeal by setting aside the order dated 31.03.2021 in W.P. No. 4392 of 2021.)

(through video conferencing)

1. Heard Ms. Sunitakumari, Learned Counsel for the Appellants, Mr. T.Sai Krishnan, Learned Counsel for the First Respondent and Mr. Rajesh Vivekanandhan, Learned Counsel for the Second Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2. The Intra Court Appeal arises out of the order dated 31.03.2021 in W.P. No. 4392 of 2021 passed by the Writ Court. The parties hereinafter referred to as per the description of the Writ Petition for the sake of convenience.

3. The Second Respondent is a Medical Institution established by the Government of India in Puducherry, imparting undergraduate, post graduate and super-speciality medical training through a working hospital. The DM/M.Ch Course for the year 2021 was offered by the Second Respondent through online process on 16.10.2020 and All India Entrance Examination had been conducted on 06.12.2020 and merit list was published in its website on 10.12.2020 showing that the following eight candidates had been shortlisted in the merit list for filling up two general seats in DM (Neurology):-

4. According to the Second Respondent, the candidate ranked at Serial No.1 in the merit list did not join the course, the candidates ranked at Serial Nos. 2 and 3 in the merit list, viz., Dr.Kadarla Shivasaikrishan and Dr.Abinash Swain, completed the admission procedure and joined the course before 31.01.2021. However, the said Dr.Abinash Swain discontinued the course on 13.02.2021 after paying the penalty of Rs. 3,00,000/- plus one months salary in lieu of notice period. Thereafter, the Petitioner on 22.02.2021 filed the Writ Petition in W.P. No. 4392 of 2021 for directing the Respondents to admit him in the DM (Neurology) Super-Specialty Course for the year 2021 in accordance with his merit in the available vacant seat. The Second Respondent resisted the Writ Petition that since the admission for the year 2021 had closed on 30.01.2021, the remaining persons ranked in the merit list could not be admitted in the vacancy that arose after that date, and it was further explained that the seat would be filled up by non-academic senior resident trainee.

5. The Learned Judge, who heard the Writ Petition, in the order dated 31.03.2021 did not accept the said contentions of the Second Respondent and proceeded to hold as follows:-

11. The selection process for the DM course for the year 2021 was made by the second respondent Institution through online process and by conducting Entrance Examination and based on the Entrance Examination, a Merit List was also drawn and this petitioner stood as rank No.5 in the Merit List. A few candidates, who got accommodation from the Merit List got offers from some other Institutions such as AIIMS and they had discontinued the course and joined such Institutions. One student by name Abinash Swain discontinued the course on 13.2.2021 and joined some other Institution.

12. The case of the petitioner is that he is on the next in line from the waiting list and the respondent Institution, who ought to have accommodated the petitioner in the vacancy that arose on account of resignation of Dr.