RAJKUMAR SHANTILAL GANDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Dr. Gandhi, the petitioner in Writ Petition No. 3130 of 1988 and Dr. Prani, the petitioner in Writ Petition No. 3684 of 1988 seek registration for the course of M.S. (General Surgery) at the Government Medical College, Miraj, affiliated to the Shivaji University. The State of Maharashtra, respondent No. 1 runs the medical college. The Director of Medical Education and Research, the respondent No. 2 supervises and manages the various medical colleges run by the respondent No. 1. The respondent No. 3 is the Dean of Miraj Medical College. Dr. Gandhi, the petitioner in Writ Petition No. 3130 of 1988 contends that the deduction of 20 marks from the marks secured by him in the subject of surgery at the M.B.B.S. examination made under the rules for the selection of candidates for admission to the post-graduate course, is illegal. Consequently, therefore he claims that he is entitled to a seat for registration for the post graduation course in surgery. Dr. Prani, the petitioner in Writ Petition No. 3684 of 1988 who secured marks equal to the marks secured by Dr. Gandhi after deduction but at the first attempt, seeks the removal of the name of Dr. Gandhi from the list of students eligible for admission and claims that he alone is entitled to be admitted to the post-graduate course in surgery. We have heard both the petitions together. In this judgment, the petitioner in Writ Petition No. 3130 of 1988 is referred to as Dr. Gandhi and the petitioner in Writ Petition No. 3684 of 1988 is referred to as Dr. Prani. The respondents 1, 2, and 3 who are the authorities in control of admission to the course are compendiously referred as the respondents.

(2.) Briefly stated the fats out of which these petitions arises are as under :---

(3.) Dr. Prani passed his first M.B.B.S. and second M.B.B.S. examination in November, 1982 and April, 1984 respectively. He was due to appear for the final year M.B.B.S examination in November, 1986. He passed his final M.B.B.S. examination in November, 1985. He was registered as a medical practitioner in January, 1987.