V RAMAGOPAL Vs. Y V S SIVA KUMAR

JUDGEMENT

(1.) All these appeals arise out of the same order of Mohan J. quashing the selection of appellants for admission to the M. S. Degree Course (General Surgery) in the Madras Medical College for the academic year 198081, and directing reconsideration of the case of the petitioner in W. P. No. 3543 of 1980 who is the first respondent in all these Writ Appeals for admission to the M. S. (General Surgery) Degree Course in the Madras Medical College. The appellants herein were respondents 4 to 8 in the said Writ Petition and their selection to M. S. Degree Course in the Madras Medical College was challenged by the writ petitioner and the said challenge has been upheld by Mohan, J. Aggrieved against the order setting aside their selection to the M. S. Degree Course and directing reconsideration of the question of selection, the appellants have come before us in these appeals.

(2.) Though the said writ petition was disposed of along with a batch of other writ petitions 3318/80 etc. Which deal with the selection of candidates for M. D. Course in the same Madras Medical College, it is unnecessary to deal with the case as put forward by the petitioners in the other writ petitions as the appeals arising there from are not before us as at present. It is for these reasons. We confine the discussion only to the question of selection made for M. S. Degree Course in the Madras Medical College which is the only subject matter before us in these appeals.

(3.) The selection to the Post-graduate Course both in medicine and surgery is governed by the following Government Orders:-In G. 0. Ms, No. 1187, Health, dated 21-57-1970, certain criteria was laid down for selection of candidates to various Post-graduate Courses in Medicine and Surgery. In paragraph 2 of the said Government Order, the Government had laid down the following guidelines for constitution of the various selection committees including their Chairman: Sub clause I of paragraph 2 states that the qualification prescribed by the Universities and the Medical Council of India for admission to the various Postgraduate Course should be strictly adhered to. In sub-clause (5), the Selection Committees directed to preserve the mark list and to submit the same along with the list of applicants and the list of selected candidates to the Government for their perusal, Sub-clause (7) says that candidates who have passed the Final M. B.B S. Examination with high grades should as for as possible be selected. Sub-clause eight says that preference should be given to candidates who have put in three years or more service6 Sub-clause nine says that recognition should be given for services in the Army, F. S. L, Primary Health Center, Jail, Family Planning and similar postings. Sub-clause 10 says that only in the absence of availability of service candidates, private candidates should be &-elected except those with academic distinction. We are not concerned with the other portions of the said Government Order at this juncture. By a further Government Order in G. 0. Ms. No. 408, Health and Family Planning dated 16-2-1976, the Government has set down the procedure for awarding marks at the time of the interview of the candidates by the Selection Committee for the selection of post-graduate degree and Diploma Courses in the said Medical College and the procedure is as follows.:-