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High Court Of Madhya Pradesh
G. L. OZA, RAM PAL SINGH
REKHA SAXENA - Appellant
Versus
STATE OF M.P. - Respondents
MISC. CIV. PETN. 215 Of 1984
Decided On : 10/17/1984
(2) Rules for (Medical) Post Graduate Admissions-Rr. 2.1 & 2.3-refusal of admission to a student entitled to get one-course open to the Court.
Selection was to be made for admission to MS/MD and Diploma Courses in Gynaecology and Obstetrics. Candidates were to be selected as per merit and some from those who were from the Assistant Surgeons who were in service of the State Government.
The ratio was to two-thirds and one-third.
One Dr. Urmila Shukla was given 1st place in the Diploma Course while in the MS/MD her name was left out. She went upto the High Court and was ordered to be admitted in MS/MD Course. Thus one seat was left vacant in the Diploma Course.
In the list of candidates to be selected for the Diploma Course, the petitioner was put on number 4, while only three were to be selected. But as the first candidate, Urmila Shukla was given a seat in the MS/MD Course, the petitioner became the third and entitled to admission in the Diploma Course in Gynaecology and Obstetric.
When the High Court allowed the writ petition of Urmila Shukla on 17-4-84: Rekha Saxena had applied on 25-8-1983 for being provisionally admitted in the Diploma Course on the seat which may fall vacant on admission of Urmila Shukla in MS/MD. till the final disposal of the case of Dr. Urmila Shukla; and also offered not to take any stipend for the provisional period, the authorities passed an order on 25-4-1984, saying that the petitioner Rekha cannot be admitted in 1984 against the Quota of 1983. Against this order the petitioner moved the High Court, inter alia, alleging that the disputed quota was for 1984.
Held: The delay in taking a decision on such matters when every day that passes in the life of a professional candidate is material, speaks volume about the efficiency of this department and the rejection is on this basis that the petitioner was selected for the year 1983 and could not be admitted in the year 1984.
It is peculiar that if Dr. Smt. Urmila Shukla could be given a provisional admission, why the petitioner could not have been given provisional admission immediately when she had herself offered in terms which would throw no liability on the respondents if ultimately she had to go back, but it appears that her application was not considered and ultimately practically major part of the session was wasted and then the refusal was on the ground of delay for which the authorities themselves were responsible. It is, therefore, plain that this kind of attitude could not be justified. [Para 15,
Those who infringe the rules must pay for their lapse and the wrong done to the deserving students who ought to have been admitted has to be rectified. The best solution under the circumstances is to ensure that the strength of seats is increased in proportion to the wrong admissions made.
If a person was wrongfully kept back and ultimately ill entitled to admission, and if there is no seat, a seat will have to be created for admission of such a candidate. [Para 17
In the present case, as it is clear that in the vacancy of Dr. Smt. Urmila Shukla the petitioner was entitled to admission immediately in August 1983 itself and if the respondents had chosen to keep her away by not considering her prayer, it could not be contended that now it is too late for her to be admitted. [Para 18
The respondents are ordered that the petitioner be given an admission in the Diploma Course for gynaecology and obstetrics and if necessary, a seat shall be created without undue delay. [Para 20
( 1 ) THIS petition has been filed by the petitioner challenging an order passed by the Joint Director, Medical Education, Madhya Pradesh, Bhopal, dt. 26th April 1984, refusing admission to the petitioner for Diploma Course in Post-Graduate Studies at Gajra Raja Medical College, Gwalior.
( 2 ) ACCORDING to the petitioner, the petitioner passed her M. B. B. S. Examination in the year 1981 as a student of the Gajra Raja Medical College, Gwalior and thereafter did her internship from 10th Aug: 1981 to 9th Aug. 1982 from J. A. Group of Hospitals attached to the Medical College and thereafter she was awarded the degree of Bachelor of Medicine and Bachelor of Surgery (M. B. B. S. ). The petitioner after obtaining this degree with a view to pursue her further education joined the House Job in Gynaecology and Obstetrics of J. A. group of Hospitals on 10th Aug. 1982 and completed it on 9th August 1983.
( 3 ) THAT the Dean of the G. R. Medical College, Gwalior (Respondent 3) issued a notice dated 2nd Feb. 1983 inviting applications on prescribed forms for admission for M. D. /m. S. and Diploma Courses at G. R. Medical College, Gwalior, under the rules framed by the Government of Madhya Pradesh and communicated to the Dean of the Medical College by letter dt. 30th May 1981 from the candidates who were to complete their House Job during the year 1983. The last date for submitting forms was 26th Feb. 1983 which was further extended by respondent No. 3 by thirty days and thus the last date was 25th Mar. 1983 as the petitioner was to complete her House Job before the date of admission, i. e. , 10th Aug. 1983, the petitioner submitted an application in March 1983 for admission to Diploma Course in Gynaecology and Obstetrics. It is further alleged that as per Rule 2. 1 for Diploma Course, the Dean of the Medical College has been authorised to fix the seats with the prior consultation of the concerned University and the Medical Council of India. Respondent 3, the Dean of G. R. Medical College, Gwalior, had Fixed 7 seats for the Diploma Course in Gynaecology and Obstetrics. These seats were to be distributed on the basis, of 50% for merit candidates and rest for Assistant Surgeons serving in the State and by this process respondent 3 had fixed 3 seats for merit candidates in the Diploma Course of Gynaecology and Obstetrics. Apart from the petitioner, one Dr. Smt. Urmila Shukla had also applied for admission to the Diploma Course in Gynaecology and Obstetrics and Smt. Shukla had also applied for admission to post-Graduate Course in the same subject for the year 1983-84. According to the rules framed by the. State Government for admission to the post-Graduate Studies, the total number of seats available for admission would be equal to the number of sanctioned posts of teachers, in the department up to the rank of Lecturers and there being 7 teachers up to the rank of Lecturers in the department of Gynaecology and Obstetrics in this Medical College, the seats for Post-Graduate studies for Master's Degree in Surgery in the above subject came to 7.
( 4 ) THAT, according to R. 2. 7 of the Rules for post-graduate studies the number of seats available each year to the candidates as per merits 2/3 and remaining 1/3 seats to candidates who are in the service of the State Government as Assistant Surgeons. According to this, the seats available for merit candidates for post-graduate studies came to 4,666 which were rounded up to 5. ( 5 ) THAT, accordingly, the selection of students for merit seats was done for postgraduate as well as for diploma courses and a provisional list was declared on 17th May 1983 and a notice to that effect was issued by respondent No. 3 inviting objections up to 27th May 1983. In that list, Dr. Smt. Urmila Shukla was placed at No. 5 for the M. S. course and at No. 1 for the Diploma course in Gynaecology and Obstetrics. The petitioner has filed along with this petition a copy of the notice. A copy of this notice was a
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