RAJENDRA RAGHUNATH KHADKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two petitioners under Article 226 of the constitution of India are directed against the selection of Dr. A. T. Jadhav for a post-Graduate degree course in the subject of Paediatrics.

(2.) The State of Maharashtra, the Director of Medical Education and research and the Dean of the Government Medical College, Aurangabad, shall hereinafter be referred to as "the Government Respondents". The Marthwada University, which has been arrayed as respondent in Writ petition No. 1942 of 1988, is to be referred to as "the University". The petitioners in the two cases shall be hereinafter referred to as Dr. Quadri and Dr. Kbadke respectively. Dr. Jadhav will be referred to by his name.

(3.) The Government Respondents issued an advertisement on 3-8-1988, which advertisement invited applications for registration to various postgraduate degree and diploma courses in the faculties of Medicine of marathwada University-instruction to be imparted at the Medical college, Aurangabad. The advertisement mentioned that eligibility was going to be reckoned with reference to completion of internship on and upto 30th June, 1988. Those applying could indicate not more than three preferences for the degree and an equal number for the diploma course. A change in the above was made by notice, dated 11th August, 1988. This notice informed the applicants that they should mark their forms as being "applications for July, 1988 regular seats and All India Entrance Examination seats". The last paragraph of this notice gave out that all July, 1988 seats, in each subject, would be considered together at the time of interview arid allotment. In this notice, it was given out that students, who bad been already allotted registration for post-graduate diploma in January 1988, were permitted to apply for post-graduate degree registration in the same subject, Therefore, the class of eligibles was extended to cover, for the post-graduate degree course, those who had been allotted registration for the post-graduate diploma course. On 13-8-1988 came a modification, which described the same as pertaining to the Faculty of Medicine for the term "july 1988". Dr. Qadri submitted his application on 12-8-1988, for registration in the subject of Paediatrics-the first preference being for the post-graduate decree course and the second for the post-graduate diploma course. Dr. Khadke and Dr. Jadhav also applied for registration. Dr. Khadke had applied for being permitted to appear for the All India entrance Examination, but failed at the said examination. Dr. Jadhav did not apply for the All India Entrance Examination, but did so apply for regular State admission for the terms commencing January, 1988.