HARSHIT MISHRA Vs. STATE OF C G

JUDGEMENT

(1.) THESE petitions remind us of the observations made by the Hon'ble Apex Court in the matter of Madhu Singh and others and also in the matter of Convenor MBBS/BDS Selection Board Vs. Chandan Mishra1, that when the time of admission to medical courses arrives, immediately comes to mind Shakespeare's Othello, where it was written : "Chaos is come again". The inevitable result is that considerable time is lost by candidates chasing vires instead of virus. Again on account of the insensitivity of the authorities administering medical admission in the State have again forced the students to file these writ petitions. In the year 2002 the Rules were framed for conducting the Pre-P.G. Examination which were challenged in the Writ Petition No. 1188/2002 and the same were quashed and a direction was given by the Court to the Government to frame the rules. Again the Pre-P.G. Rules of 2004 were framed. The same are again under challenge in these writ petitions.

(2.) THIS order shall govern the disposal of M.(W.) P. No. 1120/2004 filed in the Writ petition No. 1248 of 2004 (Harshit Mishra & Others Vs. State of Chattisgarh & Others), whereby the petitioners have prayed to stay the effect and operation of the impugned action taken by the respondents 1 and 2 and to direct the respondents not to hold Pre. P.G. Entrance Examination for three Sessions i.e. for the years 2004, 2005 and 2006 in one entrance test, M.(W.) P. No. 1328/2004 has been filed on behalf of the State of Chattisgarh for vacating the ad-interim order dated 27-5-2004 passed in this writ petition whereby the Court permitted the State to conduct counseling pursuant to the result but prahibited declaration of the result of counseling till the next date of hearing i.e. 14-6-2004, also M.(W.)P. No. 1335/2004 filed by the interveners to vacate the ad-interim stay order granted by this Court dated 27-5-2004, also M.(W.)P. No. 1495/2004 filed by the petitioners in the Writ Petition No. 1678/2004 {Dr. Omprakash Makhija and Others Vs. State of Chhattisgarh and Others) to restrain the State from declaring the result of counseling of 2004 seats till the final disposal of this writ petition, also M.(W.)P. No. 1186/2004 filed by the petitioners in the Writ Petition No. 1326/2004 (Siddharth Verma & Others Vs. State of Chhattisgarh & Others) whereby the petitioners have prayed that the respondents be directed to give precedence to the petitioners in the Pre-P.G. Course since they have altered their position to their detriment and also acquired a right to get seats in the P. G. course of Medical Science J and also M.(W.)P. No. 1470/2004 filed by the petitioners in the Writ Petition No. 1648/2004 (Dr. Ritesh Kansal & Others Vs. State of Chhattisgarh & Others) in which the similar ad-interim direction is sought that the respondent/ State authorities may be directed to give precedence to the petitioners in the Pre-P.G. course since they have altered their position to their detriment and also acquired a right to get seats in the P.G. course of Medical Science.

(3.) THE case of the petitioners is that since they will be completing their internship on September 2004, if the examination for the Session 2005- 2006 is permitted to be conducted as per the scheme of the respondents, then the petitioners as per the scheme will be entitled to appear in the Pre-P.G. test for the session 2007 to be held in the year 2005. The further case of the petitioners is that on account of holding the combined entrance examination for three years the candidates who will be appearing in this examination will have a fair chance of their selection as on account of the availability of the 3 years seats. Their further case is that the level of competition looking to the number of students competing in proportion to the number of seats available will be less making entrance examination easier whereas, from the next year onwards more number of students will be competing for less number of seats, thereby the petitioner's chances of getting admission in the P.G. Course will be reduced. Therefore, the action of the respondents is arbitrary and violative and as such, connot hold Pre-P.G. examination for 3 sessions by one examination. It is further mentioned that as per the circular, issued by the Medical Council of India dated 31st October 2003 the entrance test can be held for the concerned one year, as has been mentioned in the circular that the examination is to be held for the concerned year.