V SADAYAPPAN Vs. DIRECTOR GENERAL OF HEALTH SERVICES

JUDGEMENT

(1.) Petitioner in W.P. No. 9646 of 1989 is the petitioner herein and the respondent therein are the three respondents herein.

(2.) The Writ Petition was filed to quash the communication dated 30-5-1989 of the first respondent and consequently direct respondents to provide one seat in P. G. Medical Course in any one of the recognised Medical Colleges for which Entrance Examination was conducted by the All India Institute of Medical Science.

(3.) Petitioner/Appellant claims that he appeared for the All India Entrance Examination for admission to P. G. Medical Course (MD/MS/Diploma) and Dental Courses (MDS) on open merit. His register number was A.131634 and he secured 491st rank among the 1776 candidates selected on All India Basis. He was allotted a seat by the first respondent by communication dated 30-5-1989 in M.P. Shah Medical College, Jam Nagar, Gujarat State. He was under the bona fide impression that the said institution is recognised by the Indian Medical Council; and therefore, he went and joined the course on 6-7-1989 by paying the necessary fees. On enquiry, to his shock, he came to know that M.S. (Ortho) Course conducted by the said college is not a recognised one, and immediately, he gave a representation on 10-7-1989 to re-allot him to anyone of the recognised institutions. On 11-7-1989 he met the Assistant Director in person, and as the first respondent was not helpful, and as the said college insisted upon candidates to execute a bond to serve in the State of Gujarat for three years, which is contrary to the scheme to which All India Selection had been made; he had to file the Writ Petition.