PRASANT M BHANSALI DR Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioner is a candidate for post-graduate medical admission for July 1989 batch after one year internship. The petitioner is at Serial No. 171 in the common merit list and his choice was M. D. (Medicine) stipendery or non-stipendery. As such seat was not available at the time of first interview second interview and reshuffling he has not taken admission to any other branch or subject and he has not given any choice for any other subject.

(2.) 25 of the post-graduate medical seats are reserved for All India candidates as per the scheme evolved under the order of the Supreme Court. It appears that several seats in several States remained vacant in the All India quota and the Supreme Court seems to have passed an order on 5-12-1989 permitting such seats to be filled in by the local candidates. The Director General of Health Services Medical Examination Cell New Delhi informed all the State authorities that the vacant seats for the year 1989 are released with effect from 4-12-1989 to the respective States and the colleges except those for which some interim orders have been passed by any Court and the Director General also stated that this allotment to the local candidates is being done as per the directives of the Supreme Court and therefore all the State authorities were requested to see that the directions of the Supreme Court are not violated.

(3.) In pursuance of this letter of the Director General Gujarat University took a decision (Annexure-C). The decision is to the effect that these seats are decided to be filled in even though a period of two months has already elapsed in the special circumstances. It was further decided that these seats are to be offered only to such candidates who are already studying (i.e. admitted to a post-graduate course) and who have given final choices. Thus the contest to these All India seats which are to be filled in by the local candidates is restricted to the candidates who have given their final choice and who have already taken admission to the post-graduate course.