SUNITA SOHONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard petitioner-ill-person and learned counsel for the State of Madhya Pradesh. The state of Madhya Pradesh has made a return to this court disclosing the number of seats available in the six Medical Colleges of the State in different Post-Graduate Degree courses in clinical subjects. There is no dispute that the seats shown in Annx. R-I represent the 75 per cent of the seats reserved for selected candidates by the All India Competitive Examination. It is, therefore, agreed between the petitioners and learned counsel for the State that seats as appearing in the Annx. R-l are to be multiplied by three times for the total number of available seats for the State. The unutilised seats are also indicated in the said document. Therefore, these seats that are not utilised revert back for being filled up by institutional candidates and in service and practising Assistant Surgeons. Learned counsel for the State says that under the rules obtaining in the State Institutional quota is fixed at two-third and the remaining one-third is reserved for the other category.

(2.) Petitioners before us are housemen institutionally connected with the Bhopal, Gwalior and jabalpur Medical Colleges. According to them, the selection for the seats in the specialties for p. G. Degree Courses should be so done that without disturbing them from the places where they are undergoing housemanship at present, they may be adjusted for Post-Graduate study to the extent it is possible. It is not in dispute that the number of doctors who are undergoing housemanship at the moment in their respective institutions is in greater number than the seats available for Post-Graduate Degree courses therein. The petitioners, therefore, fairly concluded that. selection has to be on the basis of merit.

(3.) It is represented that these six Medical colleges are affiliated to adifferent universities. In case institutional basis for admission on the basis of merit is not followed there is likelihood difficulties in adjustment. We, therefore, accept their prayer that on that basis of merit and confined as far as practicable to the related institutions, the selection on merit basis should be made.