RAJENDRA MARUTI KAMBLE NAJARDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the Petitioner challenges the registration of the Respondent No.4 for a Post Graduate Degree in Medicine in V.M.Medical College, Solapur.

(2.) THE petitioner claims that on 26.6.1996 the Dean-respondent no.3 issued an advertisem-ent, inviting applications from eligible candidates for registration to various post graduate degree and diploma courses. The petitioner along with the other students submitted applications pursuant to that adverti-sement. According to the application of the petitioner, the M.D.Medicine was his first preference; Diploma in Gynecology and Obstetrics was his second preference and post graduate degree in M.S.Ophthalmology was the Petitioner's third preference. It is further stated that on 20.7.1996 a merit list was published by the respondent no.3, according to which for two seats of post graduate degree in Medicine, one Dr.Sheetal Lengade and one Dr.L.N.Chavan were selected. So far as the petitioner is concerned, though the M.D. Medicine was his first choice, according to the merit he was third in the list of candidates for M.D. Medicine and therefore, the petitioner could not registration for M.D.Medicine. The petitioner was granted registration on 1.8.1996 for the diploma in gynecology and obstetrics which was his second preference. It is further stated that on 5.8.1996 Dr.L.N. Chavan, who was on 1.8.1996, registered for M.D.Medicine submitted resignation and thus one seat of M.D. Medicine became vacant. It is further stated that on 12.8.1996 the respondent No.4 was granted registration for M.D.Medicine in that vacancy, caused due to the resignation of Dr. Chavan. It is the registration of the respondent no.4 for M.D.Medicine which is challenged in this petition.

(3.) ON behalf of the petitioner, reliance is placed on the judgement of the division bench of this Court in the case of Sanjeev Dinkarrao Rokde v/s. State of Maharashtra and others, reported in 1994 II Mah. L.J. page 1328. It was contended this court has interpreted the rules governing the admissions to the post graduate courses framed by the State Governm-ent and has ruled that whenever any vacancy in a post graduate registration occurs after the process of registration is completed, the seat falling vacant has to be advertised giving opportunity to all the eligible candidates to submit their applications. The rules do not contemplate any waiting list and therefore, there is no question of registration being granted on the basis of the merit list prepared, when all the seats are advertised at the begining of the term.