SWAPNIL CHAUHAN Vs. DIRECTOR MEDICAL EDUCATION

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India, Petitioner prays for a writ, order or direction in the nature of mandamus directing the Respondents to admit her in M.S. (Gynaecology and Obstetrics) in Sessions 1994-97 in M.L.N. Medical College, Allahabad.

(2.) It has been stated by the Petitioner that after obtaining the degree of M.B.B.S. and completing internship from G.S.V.M. Medical College, Kanpur, she appeared in examination for admission in Post-graduate course known as P.G.M.E.E. 1994. Petitioner opted for M.S. (Gynaecology and Obstetrics) as her first choice and second choice was Diploma in Gynaecology and Obstetrics (D.G.O.) and also consented for admission in M.L.N. Medical College, Allahabad. There were six seats of M.S. (Gynaecology and Obstetrics) subject. Petitioner has qualified in the examination and was placed at serial number 7 in the merit list and was given admission in D.G.O. It has been stated that one student, namely, Dr. Anupama Bansal of M.S. (Gynaecology and Obstetrics) resigned, therefore, her seat in the aforesaid course fell vacant. It has been alleged that the Petitioner was entitled to be adjusted in the said course. Inasmuch as she stood at serial number No. 1 of M.L.N. Medical College, Allahabad in the waiting list. Since the Respondents were not prepared to admit the Petitioner in the said course, on the seat vacated by Dr. Anupama Bansal, she made a representation, which was forwarded by Respondent No. 3 to Respondent No. 2, who in turn forwarded the same to Respondent No. 1 on 2.2.95. Respondent No. 1 did not pay any heed to the said representation, therefore, Petitioner had to approach this Court and file writ petition No. 4925 of 1995, which was finally disposed of on 1.3.95 and a direction to Respondent No. 1 was Issued to decide the representation of the Petitioner within specified time. The order passed by this Court was communicated to Respondent No. 1 on 7.3.95 but the said representation was not decided within the time prescribed by this Court.

(3.) It has further been stated that 8 girl students who were lower in merit than Petitioner, have been given M.S. (Gynaecology and Obstetrics), but the claim of the Petitioner has not been accepted wholly arbitrarily, inspite of the fact that one seat was vacant in which Petitioner could be adjusted without any difficulty.