DILIP SHAH Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) THESE three petitions, though by three different brilliant students prosecuting their medical education at the post -graduate level, raise common questions, mostly of facts. They were heard together with the concurrence of the learned advocates appearing for both the sides and are being disposed of by this common judgment.

(2.) IN order to understand the controversies raised in these three petitions, certain basic facts are required to be noted with precision. The Special Civil Application No. 228 of 1984 is filed by one Dr. Dilip Shah, who had passed his M.B.B.S. examination from Kakatiya Medical College, Andhra Pradesh. He had completed his internee ship in the calender year 1979 and as he belongs to Gujarat State and was having his permanent residence or property in the City of Ahmedabad, he was naturally desirous of prosecuting his further post -graduate studies in Medicine at Ahmedabad. He had applied to the respondents Nos. 1 and 2, the authorities of Sheth K. M. School of Post -graduate Medicine and Research situated in the premises of the V. S. Hospital, Ahmedabad for the purpose of post -graduate entry both for the Post -graduate degree and for the diploma courses. He was aspiring for studies in Paediatrics, known as Branch V in the University parlance. He was given admission to the Diploma in Paediatrics in the term commencing in January/February 1980. Obviously a diploma would not satisfy an aspiring student and, therefore, he had his eyes on the degree course, which is awarded to successful diploma holders after one year's further studies. A diploma student has to take up two years' study course whereas for degree course, three year's period is provided for. In the V. S. Hospital premises, the municipal authorities run the Medical College upto the degree level and it is known as Smt. N. H. L. Municipal Medical College whereas for the post -graduate studies, the institution is known as Sheth K. M. School of Post -graduate Medicine and Research, Ahmedabad, In order to give admissions to the post -graduate studies, the authorities concerned of the institution had their Rules known as "the Rules for selection of House Medical Officers and Registrars for the hospitals affiliated to Sheth K. M. School of Postgraduate Medicine and Research, Ahmedabad". They were of the year 1978. They inter alia provided for the method of selection. The selection of the House staff (which included studentship also) as per clause 10 of the said Rules is to be made in order of preference as under:

(3.) IT so happened that this contorversy regarding registration of the students for studentship and housemen/ registrars also came up before this High Court and I had an occasion to deal with the question in my judgment in the case of Dr. Vikram A. Shah v. State of Gujarat 24(1) G.L.R. 554. I emphasised in that judgment that registration of the students in particular Branch and giving of posts of Housemen and Registrars are two distinct assignments and registration is the concern of the University. That judgment was required to be given because different Colleges in the State followed different patterns and the University meekly accepted those admissions to those post -graduate courses given by the Colleges and used to register the students as per the decisions of the respective post -graduate institutions. Thereafter came to be framed by the University the Rules for preparation of Merit List for admission to P.G. Medical courses, which are to be found at Annexure E to the Special Civil Application No. 228 of 1984. The Rules, however, mention as follows :