ANJAN BISWAS Vs. PRINCIPAL S N MEDICAL COLLEGE

JUDGEMENT

(1.) THE petitioner has completed his M.B.B.S. Course from Ajmer Medical College, Rajasthan securing 57.78% marks in the year 1983. He completed his one year intership in January 1984 from Ajmer Medical College. THEreafter, he completed one year house job in orthopaedics in the year 1986 in Dr. Ram Manohar Lohia Hospital, New Delhi.

(2.) IN response to an advertisement, published in the year 1986, the petitioner applied for his admission in M. S. orthopaedics in S. N. Medical College, Agra There were four seats in MS orthopaedics, out of which, three seats were reserved for internal candidates and one was open to all, including candidates, who had passed their MBBS. examination from Medical Colleges, other than S. N. Medical College, Agra. The petitioner was one of such candidates. The petitioner was denied admission for the fourth seat, which was open for all, on the basis that the petitioner has failed to obtain highest marks amongst the students, who were found successful in S N. Medical College, Agra. Though the petitioner had secured higher marks than the last two candidates, who passed from the S. N. Medical College, Agra, the two students, who secured lesser marks than the petitioner, were admitted to M. SI. Orthopaedics Course on the basis that the petitioner has failed to secure higher marks than the first internal candidate declared successful from Si N. Medical College, Agra. This admission was denied on the basis of interpretation of a Government Order dated 15-12-82. The relevant extract of clause-4 of the aforesaid Government order reads as under;

(3.) IN the present matter admittedly the petitioner secured 57.78% marks in M.B.B.S. whereas the last two candidates, who have been admitted in M S. orthopaedics, as internal candidate, secured only 57.14% and 55.36% marks respectively. The petitioner was wrongly denied admission. However, the petitioner was provisionally admitted under the orders of this Honourable Court, vide order dated 23-5-86. The petitioner has completed his M.S. orthopaedics course and has been declared successful but formally the result of the petitioner is not being declared in view of the fact that the petitioner was provisionally admitted under the orders of this Court.