VIKAS SAWLA MOHANLAL SAWLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. , learned AGP waives service of Rule for respondent Nos. 1 and 2. Mrs VD Nanavati waives service of Rule for respondent No. 3.

(2.) THIS is an unfortunate case where the petitioner has moved this Court under Article 226 of the Constitution challenging the stand of the respondents that the petitioner did not join the Post Graduate Degree Course in Orthopedics within the stipulated time limit which stand, if upheld, will result into not only cancellation of the petitioner's selection and admission to the Post Graduate Degree Course in Orthopedics but will also debar him from applying to any PG Course in future.

(3.) THE petitioner completed his MBBS Course in March 2007 from the Medical College at Indore (M. P.) and completed his internship in March 2008. In the meantime, the petitioner appeared at the All India Post Graduate Medical Entrance Test in January 2008 and secured 272nd rank on all India basis. At the third counseling which took place on 24. 05. 2008, the petitioner opted for admission to PG Course of MS Orthopedic with BJ Medical College at Ahmedabad (respondent No. 2 herein ). By letter dated 24. 05. 2008 from the Director General of Health Services, Medical Examination Cell, Government of India, the petitioner was allotted admission in MS (Orthopedic ). The petitioner was also directed "to report to the Principal/dean of BJ Medical College, Ahmedabad within seven days from the date of allotment for admission. He was further informed that "the candidates who fail to report to the Principal of the allotted college and do not take admission within seven days from the date of allotment shall forfeit the claim for admission and seat under 50% All India Quota 2008 without any further reference in the matter.