SHRINIVASA RAO SITARAMAIAH GUNMADIDALA Vs. DEAN AND CHAIRMAN P G SELECTION COMMITTEE MAHATMA GANDHI INSTITUTE OF MEDICAL SCIENCES SEWAGRAM

JUDGEMENT

(1.) HEARD Shri Kaptan, learned Counsel for the petitioner, Shri Manohar, learned Counsel for the respondent Nos. 1,2,5,6,7,10,11,12,14,17,18,19, 20, 21, 23, 24, 29, 31, 33, 36, 37, 38, 40, 41,46 and 48 and Shri Kapgate, learned Counsel for the respondent Nos. 13, 22, 26, 30, 34, 35, 39, 42 and 44.

(2.) SHRI Kaptan, learned Counsel for the petitioner, states that petitioner belongs to reserved category (Other Backward Class ). The petitioner completed his M. B. B. S. course in the year 1999 from Sewagram Medical College and also one and half years' rural service. At the relevant time, petitioner was eligible for getting registration in the post graduate course and applied for the same for the academic session 2003-04 pursuant to notification dated 13. 11. 2002 issued by the respondent No. 1. It is contended that a common merit list was prepared and displayed by the respondent No. 1 in which petitioner was shown at serial No. 26. The petitioner in his application for registration, gave three choices of subjects as required and those are Orthopaedics, Radiology and Paediatrics. The common merit list reveals that only three students, namely. Pankaj (serial No. 20), petitioner (serial no. 26) and Kalidas (serial No. 37) have given their first choice for the subject "orthopaedics".

(3.) IT is submitted by the learned Counsel for the petitioner that call letter was given to the petitioner and counselling was held on 19. 12. 2002 in the office of Dean, Sewagram Medical College. At the time of counselling itself, for the first time candidates were made aware about reservation of seats and so far as subject "orthopaedics" is concerned, total seats were three, i. e. two for open category candidates and one for reserved category candidate (Other Backward Class ). It is contended that counselling for reserved category was held first and petitioner was called for counselling from the "other Backward Class" category and was told that only two subjects are available, i. e. M. S. (General Surgery) and M. S. (Ophthalmology ). Though these were not the subjects of choice of the petitioner, even then he was compelled to select one of them and, therefore, petitioner unwillingly opted for M. S. (General Surgery) keeping in view that he would have an opportunity of getting subject of his choice, i. e. M. S. (Orthopaedics)in open category.