SONAL AVINASH THAKKAR Vs. DEAN BARODA MEDICAL COLLEGE

JUDGEMENT

(1.) The petitioner challenges the policy and the committee decision of the respondent authorities of the medical college regarding postings of the resident doctors in various units. According to the petitioner on admission to the post-graduate course (in general surgery) the choice of the unit should be left to the students in order of merit. According to the respondent the students are admitted to the post-graduate course in the subject of their choice according to their merit. However on admission to the post-graduate course in the subject of their choice question of allocation of unit is not left to the student concerned but is being done by rotation. There are six seats in General Surgery and there are six units and these units are filled in by earmarking a particular unit called a credit unit and that credit unit is rotated on every occasion. Therefore when there are six units ABCDEF six students admitted according their merit will be allocated to these by fixing a particular unit as a credit unit. If on the first occasion A is the credit unit the allocation of the units will be in the order beginning from A. On the next occasion credit unit will be shifted from A to B and on the third occasion credit unit C and thereafter D will be allocated and in that manner the credit unit will be rotated.

(2.) According to the petitioner this cyclical rotation is absolutely arbitrary and whimsical and the students should be given the choice of unit and the choice of teacher attached to the Unit. It is and submitted that in other Universities of the State choice of teacher and unit is given.

(3.) The relevant rules of the Gujarat University only are shown to the Court. It appears that Gujarat University is the only University in the State which has this kind of rule. Ordinance N. D. 14 an M. S. 14 effective from 1/07/1991 provide as follows in Rule 4.6.