PATEL PRAKASH PRAHLADBHAI Vs. GOVERNMENT MEDICAL COLLEGE

JUDGEMENT

(1.) This petition is preferred challenging the legality and validity of the rule of permitting jumping of post graduate students in medicine from one branch to another branch of post graduate study more particularly after getting admission and prosecuting studies for some time.

(2.) Short facts of the case are that the petitioners are students who have completed MBBS and they are aspirant to get admission in PG course to various branches in medicines and others of South Gujarat University. The contention of the petitioners is that so far as other Universities and medical colleges affiliated to other Universities of Gujarat State are concerned, there is no such provision permitting jumping from one branch to another branch in the midst of studies and it is only in South Gujarat University, such a practice is prevailing on account of Rule 8 of P.G.Rule (Medical Admission). The Rule 8 which is under challenge in this petition is reproduced as under:

(3.) The contention raised on behalf of the petitioner is that aforesaid Rule provides that if any student is prosecuting studies of Post Graduate Degree in medicine of a particular branch and after completing the studies for two years or one year, he/she can change the branch of study, if vacancy is available afresh and as a result thereof, the period during which the study is undertaken would not only be wasted but the said seat created at that time would also lapse for all time to come e.g. A has opted for Post Graduate Degree in Paediatrics branch and after studying in this branch for about two years, he decides that since the seat is available in Post Graduate Degree in Opthalmology branch , he should opt for it. As a consequence of the existing Rule, he applies and the permission is granted, then the result would be that the seat of Post Graduate degree in Paediatrics branch would not only lapse but the period during which the student studied would also be wasted and seat would also not be available to any other candidates for remaining 3rd and 4th years. The consequences would be as shown above. Explaining the circumstances and the manner in which if the jumping would be permitted the consequences would ensue.