SHAIL ABHAY VASAVADA Vs. CHAIRMAN

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution the petitioner who secured admission to the Post Graduate Diploma Course in Ophthalmology has prayed for a writ of mandamus to direct respondent No. 1 - Chairman, Post Graduate Admission Committee to consider the petitioner's case for transfer to the vacant seat in the Post Graduate Degree Course in Ophthalmology at the BJ Medical College, Ahmedabad.

(2.) AS averred in the petition, the petitioner passed his MBBS Examination from Gujarat University in February, 2007. The petitioner also appeared at the open entrance test conducted in January, 2008 for admission to Post Graduate Courses. In the merit list published in the first week of April, 2008, the petitioner figured at Sr No. 101. The petitioner applied for admission to the Post Graduate Degree Course in Ophthalmology and also to the Diploma Course in Ophthalmology. The first counselling commenced on 10. 4. 2008. The petitioner was offered admission in MS Surgery, MD Anesthesia and other Post Graduate Degree Courses in non-clinical subjects. Since the petitioner was desirous of pursuing further education in the faculty of Ophthalmology consistent with the tradition in his family, the petitioner opted for Diploma in Ophthalmology in spite of the fact that he was offered admission in other Degree Courses.

(3.) THE petitioner's case is that out of 12 seats in the Degree Course in Ophthalmology at the BJ Medical College, 6 seats were to be filled in under the All India quota and out of the 6 seats available for the State quota, 3 seats were reserved and 3 seats were open merit seats. One student who was admitted against the All India quota seat did not join and as a result one open merit seat in the All India quota fell vacant on 16. 6. 2008 and stood converted into a State quota seat. The petitioner, therefore, requested respondent No. 1 - Chairman, Post Graduate Admission Committee to admit the petitioner against the vacant seat by transferring the petitioner from the Diploma Course in Ophthalmology to the Degree Course in Ophthalmology. Since the petitioner's request was not acceded to, this petition came to be filed on 24. 6. 2008.