PRITA SUBODH PATGAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these writ petitions are filed by students who have passed their final M. B. B. S. Examination from the Pune University and the Shivaji University in December 1989/january 1990 and who are seeking admissions to the Post-Graduate Courses commencing in January 1991 in the Medical Colleges run by the State Government in the State of Maharashtra. Writ Petition Nos. 321/91, 360/91,497/91 and 522/91 are filed by a large number of students of the Pune University; Writ Petition No. 406/91 is filed by 6 students of the Shivaji University who have passed their Final M. B. B. S. Examination either from Dr. V. M. Medical College, Solapur or the Government Medical College, Miraj - both these Colleges being affiliated to the Shivaji University. Writ Petition No. 742/91 is filed by 3 students who have also passed the Final M. B. B. S. Examination from the Shivaji University. The 3 students in Writ Petition No. 742/91, however, have taken a stand which is contrary to the stand taken by the 6 students in Writ Petition No. 406/91. This petition was filed after we passed interim orders in the other petitions. The other writ petitions were admitted and interim orders have been passed in these 5 writ petitions on 28th January, 1991. These petitions were kept for final hearing on 8th February, 1991 in view of the urgency of these matters. They have accordingly been heard. At the time when these petitions came up for final hearing on 8th February, 1991, Mr. Bhagalia, learned Advocate appearing for the petitioners in Writ Petition No. 742/91 (then unnumbered) applied for being heard before any decision was given in the above 5 writ petitions. Accordingly we have heard the petitioners in Writ Petition No. 742/91 which has been kept for admission along with the above 5 writ petitions.

(2.) ALL these writ petitions are before us on account of the repeated changes which have been made by the State Government in the merit criteria for admission to the Post Graduate courses in Medicine conducted in the colleges run by the State Government or under its control in the State of Maharashtra. In a short period of a year and half between July 1989 and January 1991 the State Government has changed its merit criteria for admission to the Post Graduate Courses as many as 4 times: Each time changes which have been made seem to be ad hoc and without any rationale for the change. We have not been given any explanation by the State Government for these repeated changes which have been made, which appear to be without any justification. One Ganesh Damodar Jadhav, an Administrative Officer in the Directorate of Medical Education, Bombay has filed an affidavit on behalf of the State Government in all these writ petitions, in which he has not made any attempt to explain the reason for these repeated changes. Mrs. Bhagalia who appears before us on behalf of the State Government attempted to explain these changes orally by saying that every time the State Government received a representation from any student or students, rules were changed. Although she made this submission with some vehemence, she is not able to explain why no thought was given to the welfare of students or to the implications of the proposed changes before they were made. To say the least, this conduct shows a lack of understanding of what the Government itself was proposing (as will become apparent later) and a lack of responsibility on the part of the officers concerned in making these changes which admittedly affect the future career of a large number of meritorious students. This is bound to raise a considerable doubt about the reasons for such changes.

(3.) PRIOR to 10th July, 1989 admissions to the Post Graduate Courses in Medicine in the colleges run by or controlled by the State Government was on the basis of Government Resolution dated 25th June, 1971 under which the basis for admission was marks obtained in the Final M. B. B. S. Examination in the subject which was allied to the subject in which admission was sought in the Post Graduate Course.