ANIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has challenged in this Writ Petition the admission granted to the respondent No. 5 by the respondent No. 3 for the Post-Graduate Degree course in Paediatrics.

(2.) BRIEFLY, the facts are that the respondent No. 5 was registered in January, 1992 in the post-Graduate Diploma Course in child Health (for short D. C. H.) in Indira Gandhi Medical College, Nagpur. She did two house jobs in the subjects of paediatrics and medicine of 6 months each. Her first house job in the subject of paediatrics was from 7/02/1992 to 13/08/1992 and her second house job in the subject of medicine had commenced on 14-8-1992 and it was due to be completed on 7/02/1993.

(3.) HOWEVER, in the meanwhile on 14-1-1993, there was an advertisement issued for Post-Graduate registration for degree and diploma courses in the Government Medical College at Nagpur. In the said advertisement, in the subject of Paediatrics, there were two seats for Post-Graduate Degree course, one was open and another was reserved for the Scheduled Caste Candidate. Pursuant to the said advertisement, the respondent No. 5 made an application on 22-1-1993 for admission in the Post-Graduate Degree course in paediatrics in the reserved category of scheduled caste candidates for whom one seat was reserved. Similarly, the petitioner had also applied for registration for degree course in the said subject pursuant to the above advertisement dated 14-1-1993 in the reserved category of Scheduled Caste Candidates. However, the respondent No. 5 being above him in the merit list of the students seeking admission to Post-Graduate Degree course in paediatrics in the category of Scheduled Caste Candidates, the respondent No. 5 was given admission in the said Post-Graduate Degree Course by the respondent No. 3 on 6-2-1993.