SARITA Vs. DEAN GOVT MEDICAL COLLEGE NAGPUR

JUDGEMENT

(1.) The question raised for decision in this writ petition is whether the petitioner who having passed her M.B.B.S. Examination from Mahatma Gandhi Institute of Medical Sciences, Sevagram, could be denied admission for post graduate courses in obstetrics and gynaecology in the Government Medical College, Nagpur, by reason of her not having passed her M.B.B.S. examination from the Government Medical College, Nagpur.

(2.) The petitioner passed her M.B.B.S. examination from Mahatma Gandhi Institute of Medical Sciences, Sevagram and completed two house-jobs, first in gynaecology and obstetrics and the other in radiology. She secured admission for diploma in obstetrics and gynaecology at the Government Medical College, Nagpur for 1982-84 session, but had given a declaration that she would forego that registration if she were selected for M.D. in obstetrics and gynaecology. In response to the notice issued by the respondent 1, the Dean, Government Medical College, Nagpur, on 6th Jan. 1984, the petitioner applied for admission to the Post-graduate degree course claiming her seat in open merit of Scheduled Caste candidates. In the list of applicants which was exhibited by the 1st respondent on 25th Jan. 1984, the following names were mentioned: <FRM>JUDGEMENT_166_AIR(BOM)_1986Html1.htm</FRM> Out of the 8 Posts for M.D. Gynaecology and Obstetrics for which the applications were invited, 5 were for open candidates, 1 for scheduled caste candidate 1 for scheduled tribe candidate and 1 for O.B.G candidate. No post was declared for V.J.N.T. candidate in the reserved quota. In the list of candidates provisionally selected for admission which was published on 2nd Feb. 1984, the first 3 candidates were from open category, the 4th was Ku. Mahajan O.B.C. in merit, 5th and 6th were from open category and the 7th Ku. Shrikhande was shown as Vimukta Jatis in place of Scheduled caste. It is not in dispute that Ku. Vavre who had been originally shown against the scheduled caste candidate in the list of applicants, was not selected because she was employed at Bhilai and no objection certificate from the employer had not been obtained.

(3.) The petitioner's contention was that since she belonged to scheduled caste and reserved for scheduled caste, that post could not have been allotted to a Vimukta Jatis candidate for whom originally there was no reservation and that she should have been allotted that post. In the return filed by respondents 1 and 3, the Dean, Government Medical College, and the State of Maharashtra, it was contended that the rule of preference for institutional candidate having been upheld by the Full Bench of this Court, had been re-introduced as amended R. 5 of the Government Resolution of 1983 after having been deleted in consequence of the judgment of a Division Bench of this Court in Satish Deopujari's case (Writ Petition No. 1974 of 1981). According to the respondents, as the petitioner was not a student of the Government Medical College, Nagpur, she was selected for the scheduled caste seat and against that seat reservation was given to Ku. Shrikhande, a V. J. N. T. candidate who had passed from Government Medical College, Nagpur. Rule 5 of the Government Resolution, Urban Development, Public Health and Housing Department No. MCG/2571/24516/Q dt. 18th June 1971, while providing that selection of students for admission to the post-graduate degree or diploma, will be on the basis of the marks obtained at the University examination modified with specified deduction for the number of attempts taken to pass that subject as well as the final M.B.B.S. examination, permitted selection from amongst eligible candidates by giving preference to the students of that college i.e. those who had passed their final M.B.B.S. examination from that college. This rule came to be amended by Government Resolution dt. 13th July 1982 as a sequel to the judgment of the Division Bench in Writ Petition No. 1974 of 1981 in Satish Deopujari's case, dt. 11th Dec. 1981, as the original rule was held to be violative of Art. 14 of the Constitution. Later the rule was again modified because of the Full Bench decision in Dean, G. S. Medical College v. Dr. Samina Sukhel Khatib, 1983 Mah LJ 771. which held that where what is in question is not a reservation but the legality and validity of a rule made by an authority running the college specifying the sources from which admissions will be given in order of preference, rule 4 providing for priority cannot be treated as a rule providing for total reservation. Consequently by the Government Resolution No. MOM 1082/1812/Med-7 dt.20th Aug. 1983, the rules were further modified whereby the original R.5 was substantially restored allowing for preference to the students of that college i.e. who passed the final M.B.B.S. examination from that college.