KARNATAKA STATE JUNIOR DOCTORS ASSOCIATION Vs. POST GRADUATE SELECTION COMMITTEE IN KARNATAKA BANGALORE

JUDGEMENT

(1.) the petitioner claims to be an association of junior doctors, which has been registered as such under the societies Registration Act. It claims to represent the interest of general body of junior doctors. This writ petition has been filed by the said association for declaring the notice dated 7th april, 1995 (Annexure-B) issued by the first respondent namely the post-graduate selection committee and the director of medical education in karnataka, inviting the eligible candidates to participate in the second spot counselling for admission to 1994-95 post-graduate medical and dental seats (hereinafter called as available post-graduate seats) as being void and illegal and for a further direction directing the first respondent even to permit such candidates who had already been allotted seats to participate in the second counselling to avail fresh choice of subject from among the seats available in second counselling as per the ranking in the selection list. At this stage, it is worthwhile to mention that "junior doctors" whose interest the petitioner-association claims to represent, and the expression "junior doctors" has nowhere been elaborated in the writ petition so s to show that any of the members of the association, had participated in the post-graduate entrance test in question or that having so participated, they had opted for the subjects in the first counselling and for that reason, denied the opportunity of participating in the impugned second spot counselling thereby prejudicially affecting their fundamental or any other constitutional right. The validity of the impugned notice Annexure-B has been questioned by the petitioner without laying any foundation of facts which can legitimately lead to a grievance for adjudication by this court under writ jurisdiction. The question raised seems to be more academic in nature. Highlighting these aspects, the learned counsel appearing for the respondent authorities and the impleaded respondents, have seriously challenged the locus standi of the petitioner-association to maintain the present writ petition in the form it has been framed.

(2.) the state government has framed "the Karnataka medical colleges and dental colleges (selection for admission to post-graduate courses) rules, 1987 (hereinafter called as the "rules") for the purpose of selection of candidates for admission to post-graduate degree and diploma course as specified in the rules. In respect of seats in government medical colleges, government seats in private medical colleges and seats in government dental college, Bangalore. These rules seems to have been framed under the executive powers of the state and are not suppbrted by any statute. In accordance with these rules, the entrance test is held by the state every year for the purpose of admitting candidates to various post-graduate and diploma courses in accordance with the principles laid down in the said rules. These rules were subject to an amendment by a notification dated 17-1-1995 whereby Rule 7 of the rules was substituted by new rules 7 and 7(a) which read s under:

(3.) on each day notified for personal appearance of candidates, for selection, the committee, shall cause to be displayed on a notice board set up at the spot of meeting, up-to-date details showing the number of seats open for allotment under each course of study in each college, for the general information of the candidates.