SHANTHA GURURAO NARASAPUR Vs. CHAIRMAN SELECTION COMMITTEE FOR ADMISSION TO POST GRADUATE COURSES FOR

JUDGEMENT

(1.) This petition coming up for further orders, by consent of parties, is taken up for final disposal at the stage of preliminarily hearing after notice to respondents.

(2.) The petitioner is a Doctor serving in the State Medical Service since 24-3-1971. When she was working as a Lady Medical Officer at Primary Health Centre, Handigannur, Taluk Haveri, District Dharwad, on 27-1-1982 she received an intimation by which she was directed to apply for Post Graduate Diploma Course as an in-service candidate. She sent her application in accordance with the instructions received as per the Official Memorandum dated 22nd August, 1931. She sent another application for Post Graduate Degree Course in Obstetrics & Gynaecology in private medical college for a seat available to the Government in such colleges. On 13-10-1981. She received a letter from the Government enquiring from her whether she would prosecute her study if she is selected for Post Graduate Diploma Course. The petitioner expressed her willingness to do so, indicating her preference to study at Mysore Medical College at Mysore or at Karnataka Medical College at Hubli. On 27-1-1982, the petitioner received an order dated 18-1-1982 in which the selected candidates were indicated. The name of the petitioner is shown at serial No. 109- Selected for D. C. H. Post Graduate Diploma course in Clinical Pathology. The petitioner, aggrieved by the same, has approached this Court under Arts 226 and 227 of the Constitution for a direction in the nature of a writ of Mandamus to direct respondents 1 and 2 to select the petitioner for Post Graduate Diploma Course in Obstetrics and Gynaecology and in the alternative to select her for Post Graduate Degree Course in the same subject.

(3.) It is the petitioner's contention that respondent 4 to 9, who have all been selected to undergo Post Graduate Diploma or Degree Courses in Obstetrics and Gynaecology are less meritorious than her and therefore she should have been selected to one of the seats available in that subject for the Post Graduate Diploma or Degree Course and the first respondent Selection Committee not selecting her has therefore discriminated.