PRAMOD KUMAR Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) The petitioner, Dr. Pramod Kumar, is a medical graduate from the Moti Lal Nehru Medical College, Allahabad. After having passed his M. B. B. S. examination in April 1975, he joined House Job in Orthopaedics for a period of one year with effect from April 1976 to March 1977. He thereafter, obtained a post graduate diploma in Orthopaedics. Having obtained the Diploma, he joined post graduate course of D. M. R. E. Before he could succeed in this Degree, he applied in December 1979, for admission to the post graduate course in Radiology. The application came up for consideration for provisional selection before the College Council, which consisted of all the Heads of the Departments and the Principal of the College, The College Council found that the petitioner since had joined the Provincial Medical Service and did not obtain prior permission from the State Government, his application for admission to the M. D. Course could not be considered.

(2.) However, the application came for final selection and admission to the post graduate course before the Research Degree Committee. This Committee consisted of the Vice Chancellor, the principal of the College, and the Head of the Department concerned. The meeting of the College Council was held on 2-1-1980, and, thereafter the meeting of the Research Degree Committee was held on 4-2-1980. The decision of the Research Degree Committee admitting Respondents Nos. 6 and 7 was communicated by Office Memo No. 1519 dated 8-2-1980. From paragraph 4 of the counter-affidavit, of Dr. Y. P. Naithani, it appears that the application of the petitioner for admission to the post graduate course in Radiology was not considered as he had not applied through his Department. The petitioner, thereafter, filed the present writ petition in this Court.

(3.) The main ground taken was that there being no requirement of obtaining prior permission of the State Government to join post graduate course or to get the application forwarded by the Government, the non-consideration of the application of the petitioner for admission was illegal.