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1981 Supreme(Ori) 146

High Court Of Orissa
R. N. Misra, C. J. And B. K. Behera, J.
SANJUKTA PANDA - Appellant
Versus
STATE OF ORISSA - Respondent
O. J. C 1898  Of  1981
Decided On : 12/16/1981

Advocates Appeared:
A.K.MISRA, B.B.RATH, L.RATH

The court held that the requirement to complete the Rotating Housemanship by 30-6-1981 was reasonable and justified, and that the prospectus allowed candidates who had not completed the course by the specified date to apply and be considered for admission if they provided a certificate indicating the likely date of completion.

Headnote:

MEDICAL EDUCATION - ADMISSION TO RESIDENT HOUSE STAFF COURSE - ELIGIBILITY - COMPLETION OF ROTATING HOUSE-MANSHIP - DATE PRESCRIBED IN PROSPECTUS - APPLICABILITY TO CANDIDATES WHO HAD NOT COMPLETED THE COURSE BY THE SPECIFIED DATE - INTERPRETATION OF PROSPECTUS - RELIEF TO CANDIDATES WHOSE APPLICATIONS WERE WRONGLY REJECTED.

Fact of the Case:

Medical graduates who completed their Rotating Housemanship after 30-6-1981 challenged the rejection of their applications for admission to the Resident House Staff Course (R.H.S.) for the 1981-82 session due to their failure to complete the course by the specified date. The prospectus for the R.H.S. course required candidates to complete the Rotating Housemanship by 30-6-1981, but it also allowed candidates who had not completed the course by the time of submitting their applications to indicate the likely date of completion.

Finding of the Court:

The court held that the requirement to complete the Rotating Housemanship by 30-6-1981 was reasonable and justified, as it was the normal course for candidates to complete the course by that date. However, the court interpreted the prospectus to mean that candidates who had not completed the course by the specified date could still apply and be considered for admission if they provided a certificate indicating the likely date of completion.

Issues: 1. Whether the requirement to complete the Rotating Housemanship by 30-6-1981 was reasonable and justified. 2. Whether the prospectus allowed candidates who had not completed the course by the specified date to apply and be considered for admission.

Ratio Decidendi: 1. The court held that the requirement to complete the Rotating Housemanship by 30-6-1981 was reasonable and justified, as it was the normal course for candidates to complete the course by that date. 2. The court interpreted the prospectus to mean that candidates who had not completed the course by the specified date could still apply and be considered for admission if they provided a certificate indicating the likely date of completion.

Final Decision: The court directed the authorities to hold an entrance examination for the two petitioners who had been wrongly rejected and to admit them to the R.H.S. course if they were found fit and there were no other impediments to their admission.

R. N. MISRA, J.

( 1 ) EACH of these applications under Article 226 of the Constitution is by a Medical Graduate who completed the Rotating Housemanship after 30-6-81 and whose application made for admission into the Resident House Staff Course (hereinafter referred to as 'r. H. S. ') for the 1981-82 session has not been entertained. In each of the writ applications the prayer is for a direction to the authorities to entertain the application for admission and to permit the petitioner to sit at the entrance examination and for other consequential directions. Each of the petitioners passed the M. B. B. S. examination in 1980 but completed the Rotating Housemanship after 30-6-81. The prospectus for the R. H. S. course for the 1981-82 session indicated that--

"the candidates are required to fulfil the requirements by 30-6-31. " One of the requirements in para 3 of the prospectus was to the following effect:-- "3 (ii ). The candidate must have satisfactorily completed the compulsory Rotating Intership/housemanship training in a hospital recognised for this purpose for a period of one year by 30-6-81 of before. Those who have not completed the compulsory Internship/housemanship at the time of submission of application are required to submit certificate indicating the likely date of completion of the same. Others should attach a copy of completion certificate. (iii ). . . . . "

It is not disputed that each of the petitioners satisfied the other requirements except that the Rotating Housemanship was not completed before 30th June, 1981. In terms of para 3 (ii) of the prospectus, each one should have completed the course before the appointed date, but on account of a prolonged strike of Rotating Internees there was delay and two of them had completed the year's course by end of July, 1981, while the petitioner in O. J. C. No. 1877/81 completed it by 24-9-81. It is contended on behalf of the peti-ioners that fixing the date as 30-6-81 was wholly irrelevant inasmuch as the prospectus was published beyond that date. Applications for admission were required to be filed by 7-8-1981 and the date of the entrance examination was scheduled for 20th Aug. , 1981. Reliance was placed on the second part of Clause (ii) of para 3 of the prospectus extracted above where cognizance was taken of the position that if one had not completed the Rotating Internship by the date of submission of the application, one was entitled to specify the likely date by which the same was to be completed. As a further ground it was contended that some candidates who had not completed the Rotating Internship by 30-6-1981 had also been called to the examination. This was cited as an instance of infringement of Article 14 of the Constitution.

( 2 ) A counter-affidavit has been filed and there has been denial of the fact that Article 14 of the Constitution has been infringed. Though it has been admitted that in a hurry some candidates who had not completed the Internship by 30-681 had been initially entertained, it has been pleaded that their applications have been ultimately rejected. It has next been contended that the requisite qualifications under para 3 of the prospectus had to be satisfied and since admittedly each of the petitioners did not satisfy the requirement, there was no scope to make grievance

( 3 ) IN the absence of any further material, we must hold that the plea of infringement of fundamental right enshrined in Article 14 of the Constitution does not survive for support to the petitioners.

( 4 ) THERE is also no force behind the contention that 30-6-81 should not have been fixed as the date by which Rotating Internship should have been completed. As it appears, in the normal course those who passed the regular M. B. B. S examination of 1980 should have completed the compulsory Rotating Internship by 30-6-1381. This feature is admitted by two of the petitioners. The petitioners have come forward with an explanation as to why they could not complete the Inte






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