STATE OF MAHARASHTRA Vs. ROOP KUMAR DAYARAM GURSAHANI

JUDGEMENT

(1.) These appeals raise a common question regarding selection to the post of Registrar from amongst the students registered to post graduate and/or post graduate (super specialities) courses in Medical Colleges at Bombay. The question so far as these appeals are concerned involves interpretation of Rule V of the Rules for the appointment of Registrar in Hospitals attached to Government Medical College in Maharashtra State framed under Resolution No. MCG 2571/24500-Q dated 26th June, 1971 (hereinafter referred to as Rules). Bombay Municipal Corporation Medical Colleges have similar Rules for appointment to the post of Registrar in hospitals attached to their Medical Colleges, corresponding Rule being Rule 13-A.

(2.) It is pertinent to mention that Rules regarding admission to degree and post graduate degree including super specialities courses have come up for consideration before the Supreme Court as well as this Court in a number of cases where Rules providing for whole sale reservation on the basis of residence or institutional preference etc. were held bad being violative of Articles 14 and 16 of the Constitution of India. In the impugned judgments, the learned Single Judges have struck down preference rule to the post of Registrar in Hospitals attached to Medical Colleges inter alia taking the view that the ratio of those judgments was applicable in the matter of selection to the post of Registrar as well. Rule V of the Rules regarding appointment to the post of Registrar as such, it may be stated, had come up for consideration before the Nagpur Bench of this Court in the case of (Jitendra Kumar Shrikrishnadas Mehta v. State of Maharashtra) 1982 Mh.L.J. 764 and the rule was stuck down as being violative of Articles 14 and 16 of the Constitution of India. Ordinarily, we should and would have followed that decision and dismissed the appeals herein straight away. It was, however, seen that to a large extent Nagpur Bench had relied for that purpose on this Courts earlier judgment in the case of (Satish Deopujari v. State of Maharashtra) being Writ Petition No. 1974 of 1981 decided on 11th December, 1982. The said judgment was overruled by the Full Bench of this Court in (Dean, G.S. Medical College v. Dr. Samina) 1983 Mh.L.J. 771. Subsequently, the question of admission to degree and post graduate degree including super specialities courses came to be considered by the Supreme Court and this Court in a number of cases. The settled legal position in that regard now is that Rule providing for whole sale reservation on the basis of residence or institutional preference etc. is bad being violative of Article 14 of the Constitution of India. However, having regard to the various relevant factors taken into account in (Dr. Dinash Kumar & others v. Motilal Nehru Medical College) A.I.R. 1986 S.C. 1877 and (Dr. Pradeep Jain v. Union of India and others) A.I.R. 1984 S.C. 1420 not less than 15% and 25% seats for M.B.B.S./B.D.S. and post graduate degree courses respectively are to be filled on merit on the basis of All India Entrance Examination. as regards admissions to the post (super specialities) courses, admissions to all the seats have to be granted purely on merit on All India basis. The operation of the judgment in so far as admission to sets is to be made on merit on the basis of All India Entrance Examination is stayed till January 1988. No admissions are to be made on the basis of marks obtained at different M.B.B.S. examinations held by different Universities. Moreover preference rule envisaged in Rule V of the Rules corresponding to Rule 13-A applicable in the case of Bombay Municipal Corporation Medical Colleges has two important limbs having a bearing on the issue, namely, (i) preference is given to those who passed final M.B.B.S. examination from the Medical College to which the Hospital in which the post of Registrar is vacant is attached and (ii) preference is, given to those who are registered as students in post graduate or post graduate (super specialities), as the case may be, in that Medical College. There is another important aspect of the matter, namely, the post of Registrar in such Hospitals is not a post independent of medical education of the student in the Medical College to which such Hospitals are attached but is an integral part of the Medical College to which such Hospitals are attached but is an integral part of the medical education. It appears that these aspects were not placed before and considered by the earlier Benches. In the premises, it has become necessary to consider whether and to what extent the ratio of the Supreme Court and this Courts decisions on the question of admission/registration to degree and post graduate including super specialities courses is applicable in the case of appointment to the post of Registrar.

(3.) For proper appreciation of rival contentions, it may be useful to refer to the Recommendations on post graduate medical education adopted by Medical Council of India in February 1971 revised upto March, 1983, detailed affidavit of Dr. S.V. Nadkarni. Dean of Lokmanya Tilak Memorial Medical College (one of the B.M.C. Colleges), pamphlet Nos. 1881 to 1984 and Circulars No. 7184 of 1984, Nos. 133 and 455 of 1985 and No. 10 of 1986 of Bombay University. On going through the above, it can be safely deduced that hospitals form integral part of medical education. It is not possible to conceive of a Medical College without there being a hospital or hospitals attached to it. In fact, number of students to be admitted in degree or post graduate including super specialities courses very much depend upon the number of beds in a hospital or hospitals attached to the particular college and/or the number of beds in the respective departments as the case may be. The recommendation of the Medical Council of India as regards the method of training for post graduate students, is :