ANUP RAZDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the order dated 15th July, 1998 of learned Single Judge dismissing the writ petition, the petitioner/appellant has filed this appeal.

(2.) Petition under Article 226 of the Constitution of India was filed, inter-alia, alleging that the petitioner is a Dental surgeon in regular service with the Jammu & Kashmir Government. There are four seats in the course of Masters of Dental Surgery (MDS) in the specialities of (1) Orthodontics (2) Oral Surgery (3) Operative Dentistry, and (4) Prosthodontics in King George Medical College, Lucknow which had been offered by the State of Uttar Pradesh to the Central Government for being filled up by candidates from the central pool. Pursuant to a letter dated 8th/15th April, 1997 issued by the Ministry of Health, Government of India to the Health Secretaries of the States/UTs, which did not have the facilities for MDS course, asking to nominate one candidate each from their States/UTs for the course, the petitioner forwarded his biodata which was duly recommended by the Government of Jammu & Kashmir, Health and Medical Education Department to the Ministry of Health & Family Welfare, Government of India. Last date of 30th April, 1997 for receipt of nominations was later on extended to 15th June, 1997. On 22nd October, 1997 respondent No. I issued a letter nominating Dr. Radhika Chopra (respondent No. 3), Dr. Rohit Jain (respondent No. 4), Dr. (Mrs.) A. Balamani (respondent No. 5) and Dr. (Mrs.) Neena Baria (respondent No. 6) for the said course.

(3.) It is stated that as per the criteria stipulated in the letter dated 8th/15th April, 1997 seats to the MDS course were only to be filled up by the nominated candidates of the notified States/UTs where facilities for the course did not exist. Despite that, admission was given to respondent No. 3 who had been treated as a sponsored candidate of AIIMS, which itself has got the Post Graduate Dental Education facility. Respondent No. 3 was not an "in-service" candidate as stipulated in the said letter dated 8th/15th April, 1997 at the time of nomination and further that her candidature had been recommended by the letter dated 29th July, 1997 by the Registrar, AIIMS much after the expiry of the last date as fixed for receiving nominations.