ABHAY S DARSHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India by a Medical Graduate of Marathwada University for a writ certiorari to quash the order dated February 25, 1984 communicated by the Deputy Registrar, University of Pune, refusing his request to admit hin to the M. S. (E.N.T.) Course in B. J. Medical College, Pune and to issue a writ of mandamus directing the respondents to grant him registration for the said Course for the January 1982 Session.

(2.) The petitioner took his M.B.B.S. Degree from Marathwada University and is a Registered Medical Practitioner practising at Aurangabad. He and a few others applied for registration for the Post Graduate Course for M.S. (E.N.T.)/D.L.O. to the Dean, B. J. Medical College, Pune of the Pune Univer- sityj in December 1981 for the Session commencing from January 1982. The admission to the January 1982 Session of the Post Graduate Course in the Pune University was regulated by Rules published in G. R., Urban Development Public Health and Housing Department, No. MCG 2571 / 24516 - O, dated the 18th June 1971. Rule 5 which is relevant in this behalf reads as follows :

(3.) On behalf of the Dean of B. J. Medical College, Pune, respondent No. 4, an affidavit was reply as filed stating that the entire work of Post- Graduate Registration at the B. J. Medical College, Pune was then dealt with by the Registrar, University of Pune, and that he had no remarks to offer. In the affidavit-in-reply filed on behalf of respondents Nos. 2 and 3, the specific stand taken was that the selection was done by the Dean, B. J. Medicl College and the University was merely concerned with the registration of the cane idates as communicated by the respective Medical Colleges. In effect neither of them owned the responsibility for that selection. However, they seek! to support this selection by contending that when the vacancy was notified to tlie University in August 1982, the 1971 Rules referred to above were no loagbr in force. They were replaced by 1982 Rules and as per the 1982 Rules, the institutional candidates were to be given preference. Accordingly, Dr. Gaikwad, who was an institutional candidate and who had applied in August 1982, was granted registration.