SMITA ANAND KANTAK Vs. PRAMILA C. SANKHOLKAR

JUDGEMENT

(1.) THE petitioner passed her M.B.B.S, degree Examination from the Grant Medical College in October 1985. The petitioner completed her internship in J. J. Group of Hospitals on 7th January 1987.

(2.) IN December 1986 she applied for registration for a post -graduate degree with the respondent. In her application for registration she gave the following order of preference for specialities : (i) Ophthalmology, (ii) E.N.T. and (iii) Skin. It seems that under Rule 5 of Government Resolution dated 20th August 1983, a copy of which is annexed as Exh. A to the petition, it is, inter alia, provided in clause (6) that 15% of the total seats in Post -Graduate degree available in a year will be reserved for in -service personnel such as MM & HS and teaching staff in Medical Colleges. Sub -clause (c) of Rule (5) is as follows :

(3.) THE petitioner was initially at Sr. No. 4 in the merit list for candidates in Ophthalmology. On 2nd February 1987, however, the candidate at Sr. No. 3 gave up her claim to a seat for Ophthalmology and opted for General Medicine (see Ex.B -1). The petitioner therefore is at Sr. No. 3 in the merit list. She would have been entitled to a seat in Ophthalmology, had 3 seats been made available for candidates in Ophthalmology in January term as per Rule 5. The petitioner has been deprived of her seat entirely because of a wrong interpretation of rule 5.