SANJAI KUMAR RAI Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) PETITIONERS who are ten in number, seek a writ of mandamus directing the respondent to consider the representation of the petitioners and to hold competitive examination for the admission to the Post Graduate Courses as per directives of the Hon'ble Supreme Court or in the alternative it is prayed that the respondent be directed to increase the number of seats in order to adjust all the students of 1985 Batch in Post Graduate Courses scheduled to begin from January, 1991.

(2.) CASE of the petitioners is that they have passed their M.B.B.S. from the Institute of Medical Sciences, Banaras Hindu University, and are about to complete their internship. They are entitled to be given an opportunity for taking admission in Post Graduate Classes and it is necessary to remove the disproportionate fixation of seats in the Post Graduate seats distribution system. It is prayed that the University be directed to hold competitive examinations as directed by the Supreme Court in Dr. Dinesh Kumar v. M. L. N. Medical College, Allahabad, 1987 Vol. IV SCC 459. The competitive examination is not being held to benefit favoured candidates The petitioners claim that they are meritorious students and they are being deprived to seek admission in the Post Graduate Classes. They belong to 1985 M.B.B.S. Batch. There were certain students who were admitted in 1984 after the session had begun and 15 such students had to be adjusted alongwith 1985 batch. As a result of this strength of M.B.B.S. students of 1985 batch has been increased by 15.

(3.) THE University has filed a counter-affidavit also. In their counter, it is stated that there are 84 seats under various Post Graduate Programmes in the University. THEse are fixed and sanctioned by the University Grants Commission. It is incorrect that fixation of seats is disproportionate. As per directives of the Supreme Court 25 per cent of the seats are filled in through the Central Pool by an All India Entrance Examination. In this way 21 seats are reserved for Central Pool. THE remaining 63 seats are filed in as per established parctice for the past several years on the basis of the merit of the students in the Illrd Professional M.B.B.S. examination. THE selection procedure followed this time, does not in any manner violate the directives of the Supreme Court. It is stated that the petitioners are not meritorious students. In fact the performance of the petitioners except the first petitioner is poor as compared to the other students who have been selected for admission It is stated that those students who are admitted in the M.B.B.S. programme beyond 30 working days from the commencement of the session were accommodated with the students of the next session so far as the professional examination is concerned. As a result of this method the strength has exceeded. THEre is no question of carrying forward any back-log of M.D./M.S. seats for an indefinite period. THE representation of the petitioners is said to be under consideration of the Vice-Chaneellor. THE allegations of favouritism and nepotism in the matter of admission are denied.