PUSHPA SHARMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The challenge in this writ petition is against the action of the respondents in rejecting the petitioner's request for transfer from Post-Graduate Diploma Course in Dermatology in Safdarjung Hospital to Post-Graduate Degree course in Dermatology in Lay Hardinge Medical College.

(2.) According to the petitioner she applied for admission to various Post-Graduate Degree/Diploma Courses in Medicine in the Faculty of Medical Sciences, University of Delhi in 1997. She appeared in the common written screening test conducted on 15.2.97 and secured Rank No. 161. She offered the choice for the Post-Graduate Degree Course in Dermatology. However she could not be given admission in view of her low rank. The last candidate who was accommodated against the last seat available in Lady Hardinge Medical College was one Dr. Sushma Gupta who had secured Rank No. 52 in the written screening test. On being informed that no seat was available for the petitioner in the Post-Graduate Degree Course in Dermatology, the petitioner opted for the Post-Graduate Diploma Course in Dermatology and she was accordingly given admission to the Post-Graduate Diploma Course in Dermatology in Safdarjung Hospital, New Delhi. In between the said Dr. Sushma Gupta (Rank No. 52) and the petitioner (Rank No. 161) no other candidate had offered the choice for the Post-Graduate Diploma Course in Dermatology. She joined the course on 1st May, 1997. Since then the petitioner is continuing her studies in the Post-Graduate Diploma Course in Dermatology in Safdarjung Hospital. In the meanwhile the last candidate from the merit list who was given admission in the last seat in the Post-Graduate Degree Course in Dermatology tendered her resignation on 1 st September, 1997 and vacated the seat in the Lady Hardinge Medical College. On coming to know about the vacancy caused by the resignation of Dr. Sushma Gupta, the petitioner made a representation to respondent No. 1 requesting to accommodate her against the vacant seat. In her representation the petitioner had pointed out that she was already doing the first year course of the Post-Graduate Diploma Course in Dermatology in Safdarjung Hospital and that she was the only candidate entitled to be accommodated against the vacant seat caused in the Post-Graduate Degree course in Dermatology. It was also pointed out by the petitioner that the first year House Job period under the Diploma Course in Dermatology was the same as the first year of the Post Graduate Degree Course in Dermatology and that in case the petitioner was accommodated or transferred to the post-Graduate Degree Course there would not be any adverse effect on the duration and quality of the course and that there would not be any chain reaction of vacant seat/transfer. However, the said representation dated 3.10.97 of the petitioner was rejected by the respondent. As per Annexure P6 communication dated 13.10.97 from the second respondent Assistant Registrar (Medical) the petitioner was informed that once a candidate joined the allotted subject and institution, he/she would not be entitled to seek any change of subject or institution and therefore the petitioner's request for change of course from DVD to MD Course in Dermatology could not be acceded to. Aggrieved by the rejection of the petitioner's request for transfer from Diploma Course to Degree Course this writ petition has been filed praying for quashing Annexure P6 letter dated 13.10.97 and for directing the respondents to immediately accommodate the petitioner against the vacant seat in Post-Graduate Degree Course in Dermatology in Lady Hardinge Medical College.

(3.) According to the petitioner the Post-Graduate Degree course is of three years and the Post-Graduate Diploma Course is of two years. In both courses, first year study consists of House Job which is common to both courses. As such the transfer of a candidate from the Diploma Course to the Degree Course during the first year will not pose any hurdle and technical problem regarding the studies. Hence in case a vacant seat occurs during the first year of the degree course a student of the Diploma Course in the same subject can very well be accommodated against the said vacant seat. It is also contended that by such transfer of a student from the Diploma Course to the Degree Course in the same subject there will not be any adverse effect on the total duration and quality of the degree course. It is further contended that such a transfer is not hit or affected by the prohibition regarding transfer stipulated in the Prospectus. According to the petitioner such a situation is not at all covered by the provisions in the Prospectus. It is further contended that refusal to allow such transfer would be against public interest in asmuch as a vacant seat in the degree course will continue for three years and more public funds will be wasted. If the transfer is allowed the resultant vacant seat in the Diploma Course will continue only for two years wasting only less public funds. According to the petitioner, in the impugned communication the respondents have merely reiterated the general conditions applicable to the change of subjects/ institutions without looking at and examining the situation in hand on the particular facts and circumstances of the case and hence the rejection of the petitioner's request was in a mechanical manner.