NAVEEN CHITKARA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner seeks a direction to the respondents, University of Delhi and Union of India, to admit him to M.Ch. Neuro Surgery Course in G.B.Pant Hospital for the academic session 1997-98.

(2.) According to the petitioner he applied for admission to the M.Ch. Neuro surgery course for 1997-98 before the last date stipulated in Annexure F Prospectus. He appeared in the screening test held on 14th February, 1997 and he was declared passed. He was called for viva-voice on 17th April, 1997. When the final results were declared in the last week of April 1997 the petitioner was placed at Serial No. 4 in the list of candidates eligible for admission. Dr. Ahish Goyal and Dr. Pushpendra who were at serial No. 1 and 2 in the list were admitted to the course against the two seats which were available. The petitioner was No. 2 in the waiting panel.

(3.) According to the petitioner a proposal for increasing the number of seats in M.Ch (Neuro sugery) Course in G.B. Pant Hospital had been pending from 1991. By Annexure H letter dated 20th May, 1997, addressed to the Medical Superintendent, G.B. Pant Hospital, the Government of India conveyed the approval of the Central Government for the scheme submitted by the Medical Superintendent, G.B.Pant Hospital to increase one seat in M.Ch (Neuro surgery) Super Speciality Course at G.B.Pant Hospital under Section 10A of the Indian Medical Council Act, 1956 in pursuance of a Court Order dated 13.2.97 in C.W.P. No. 3823/96. It was specified in the said letter that the permission was given only for admitting the petitioner in the said C.W.P. No. 3823/96. However, the petitioner in C.W.P. No. 3823/96 Dr. Pushpender K.Sachdeva had already been admitted to M.Ch (Neuro surgery) course for the session 1997. Subsequently by Annexure J letter dated 19th August, 1997 addressed to the Medical Superintendent, G.B. Pant Hospital, the Government of India conveyed its approval of the scheme submitted by the Medical Superintendent, G.B. Pant Hospital to increase the number of seats in M.Ch (Neuro surgery) course from 2 to 4 under Section (10 A) of the Indian Medical Council Act, 1956. It was clarified in the said letter that the approval included the increase of one seat already permitted by the Central Government as per their earlier letter dated 20th May, 1997. Thereupon the Director, Professor and Head of the Department of Neuro surgery, G.B. Pant Hospital sent Annexure K, letter dated 28.08.97 to the first respondent University requesting to "consider making a exception to the University Rules and to permit the Department to increase the M.Ch (Neuro surgery) seats from 2 to 4 from the academic session 1997-98 itself. It was also pointed out in the said letter that the Department of Neuro surgery had been trying since December, 1995 to increase the seats from 2 to 4 per year. The University had appointed a four member inspection team and the inspection had been carried out on 20.2.96 and favourable recommendations had been made. An inspection was also carried out in April 1996 by Dr. Subarao who was appointed by the Medical Council of India and the conditions were found suitable. The Annexure K letter also referred to the letter dated 18.9.96 of the Ministry of Health and Family Welfare, Government of India by which a Letter of Intent was issued permitting to increase the seats subject to the State government agreeing to the financial implications. Reference was also made to the letter dated 19.08.97 of the Government of India conveying formal sanction for increase of the seats from 2 to 4 per year.