HEMANGINI MAHENDRABHAI PATEL Vs. DEAN GOVERNMENT MEDICAL COLLEGE

JUDGEMENT

(1.) In this matter rule was issued as per order dated 26.12.2001 and notice regarding interim relief was made returnable on 8.1.2002. Accordingly the matter was listed before me today and on considering the submission made before me by the respective counsel appearing in the matter and by consent of the learned counsel appearing for the parties, the petition is heard.

(2.) During hearing Mr. Bhatt appearing for the petitioner has taken me through the petition and the documents attached thereto as well as the affidavit filed by Dr. N.C. Shah, Dean. Government Medical College, Surat dated 25.1.2002 and the affidavit of H.M. Patel, Incharge Registrar of respondent No. 2 dated 29.12.2001. He has also taken me through relevant rules, namely, PG. Rule (Medical Admission). It is his contention that looking to the facts of the present case, though the petitioner has completed internship as per rules and as per provisional certificate issued by Dean and though the petitioner was called for interview considering her name in the merit list, she was orally informed on the date of interview, namely, on 22.10.2001 that she will not be considered for admission to PG course and accordingly petitioner has issued legal notice to the respondent authority on 27.10.2001 and in reply to the same, the petitioner has received order in the form of communication from Dean, Faculty of Medicine, South Gujarat University, Surat and Dean, Government Medical College, Surat dated 2.11.2001 wherein the petitioner was not considered for admission by College Council and PG Admission Committee on the ground that the petitioner has not completed internship on the day when the interview was fixed, namely, on 18.8.2001. Accordingly petitioner has challenged the said communication by filing this petition.

(3.) Mr. Bhatt, appearing for the petitioner, has while taking me through the petition, highlighted that on getting marksheet for the final year, namely, 3rd MBBS Examination held in June 2000, the petitioner was declared fail as per mark sheet dated 1.8.2000. Subsequently, a fresh marksheet was issued by the University authority declaring the petitioner as passed 3rd year MBBS Examination as per marksheet dated 22.8.2000. The internship i.e., compulsory rotating internship house manship started from 24.8.2000 and the respondent No. 1 has issued provisional internship competition certificate for PG Application on 26/27.7.2001, which is Annexure "B" to this petition to enable the petitioner to make an application for admission to PG course. Accordingly petitioner had applied for PG Course by making application on 30.7.2001. As per Schedule the interview was to be held for selecting the candidates for admission to PG Course on 18.8.2001 and as intimated in the letter dated 2.11.2001 under the signature of Dean, Faculty of Medicine, South Gujarat University, Surat and Dean, Government Medical College, Surat it shows that though the interview was kept on 18.8.2001, the said interview was postponed for further date due to unavoidable reason. The authority has accordingly considered that the petitioner ought to have completed internship on the date of first interview, which was kept on 18.8.2001 and the authority has, therefore, considered that the petitioner has not completed internship and, therefore, she was not considered for admission to PG Course. It is the contention of the petitioner that in fact petitioner had already completed her internship on 23.8.2001 and admittedly when the interview was arranged on 22.10.2001, the petitioner has already completed the internship. According Mr. Bhatt has contended that the authority has wrongly denied admission to the petitioner in PG Course.