HEMANT KUMAR MANDOVRA DR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner completed his MBBS Course and intemship from the MGM Medical College, Indore and associated hospitals in 1996. He appeared at the All India Entrance Examination for Admission to Post Graduate Medical and Dental Courses in the year 1997. He secured rank 381 and was called for counselling on 8th March, 1997. At the time of counselling the daily vacancy position of all Colleges and subjects for 8.3.1997 was displayed. The courses. recognised by the Medical Council of India and the courses not recognised by the Medical Council of India were clearly indicated. The candidates seeking admission/ allotment of seats were required to give a declaration after selecting the College and the subject. The petitioner accordingly gave a declaration choosing a seat in MS (Orthopaedics) (Subject Code A-12) in Government Medical College, Surat, (College Code B-13). As per the vacancy position of Colleges and subjects for 8.3.1997 displayed by the respondents the Course in M.S. (Orthopaedics) in the Govt. Medical College, Surat was a Course recognised by the Medical Council of India. The petitioner chose a seat in M.S. (Orthopaedics) in the Govt. Medical College, Surat on the basis of the representation made by the respondents that the course in M.S. (Orthopaedics) in Govt. Medical College, Surat was recognised by the Medical Council of India. The petitioner was given a memorandum signed by respondent 3 in timating that the petitioner had been selected for admission to M.S.(Orthopaedics) in the Govt. Medical College, Surat and directed him to report to the Dean of the Institution. Accordingly, the petitioner reported to the Dean, Govt. Medical College, Surat on 18.3.1997, paid necessary fees and got provisional admission in M.S. (Orthopaedics). Thereafter, the petitioner came to knothat the Course in M.S. (Orthopaedics) in the Govt. Medical College, Surat was not recognised by the Medical Council of India. Hence the petitioner sent a fax message dated 21.3.1997 to respondent 2 explaining the circumstances and requesting to allot a seat in M.S. (Orthopaedics) for the academic year 1997-98 in an institution recognized by the Medical Council of India. He also sent representations dated 21.3.1997 to respondents 2 and 3. In reply to the petitioner representation dated 21.3.1997, respondent 3 sent Annexure P6 memorandum dated 29.4.1997 stating thus:

(2.) In the above circumstance the petitioner has filed this writ petition with the following prayers:

(3.) On behalf of the respondents a counter affidavit has been filed by Dr. Ajai Kumar, Assistant Director General of Health Services admitting that the chart displaying the daily vacancy positions for 8.3.1997 at the time of counselling showed that the Course in M.S. (Orthopaedics) in the Govt. Medical College, Surat was recognised and that it was so shown by inadvertant mistake. It is also stated that the mistake is not willful on the part of the respondents to allot the seat in a Course not recognised by Medical Council of India. It is further stated that the respondents have no authority to change the Course and College from one Medical College to another against the remaining vacancies after allotment process is over and that all seats remaining vacant after allotment are deemed to have been surrendered back to the respective States.