SUMANHA GAJENDRAGADKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The case has been placed on board today for preliminary hearing. We have heard the learned counsel for the petitioner at considerable length and, in our opinion, the writ petition is fit to be dismissed in limine. We proceed to briefly indicate our reasons.

(2.) According to the case of the petitioner she has applied for admission to the MS course in Ophthalmology and her name stands on the top of the waiting list. She is, however, being denied admission on the ground that there is no vacancy. The contention is that the authorities are not justified in limiting the total strength of the seats on the basis of Rule 4 of the Madhya Pradesh Selection for Post-graduation Courses (Clinical, Paraclinical and Non-clinical Courses) in Medical Colleges of Madhya Pradesh Rules, 1984 (hereinafter referred to as "the Rules") which reads as follows (as mentioned in Annx. 'd' to the writ petition) :

(3.) The learned counsel has also referred to ground (F) in paragraph 71 of the writ petition challenging Rule 3 of the Rules which, as mentioned in Annx. 'd' to the writ petition, is quoted below: