SUREKHA RAMCHANDRARAO SHESHGIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are cross-petitions under Article 226 of the Constitution-the prize being registration in M. D. Radiology.

(2.) THE Medical College at Ambejogai (whose Dean is a respondent to the petitions along with the State and the Director of Medical Education and Research) is a Government institution. Dr. Chavan-the petitioner in Writ Petition No. 1462 of 1988 and respondent No. 5 in the other petition is serving as a Lecturer in the Department of Radiology in the aforementioned College. He and Dr. Sheehgir-the petitioner in Writ Petition No. 223 of 1988 responded to the advertisement dated 25-1-1988 calling for applications for registration for M D. in Radiology in the faculty of Medicine of the Marathwada University for the session commencing in January 1988. That University and the State Government have framed rules to regulate admissions to graduate and post-graduate courses in the Medical Colleges. In regard to reserved seats, the two specifications laid down by the rules is that the reservation be done equitably and by rotation in all subjects and that an ideal roster be prepared in advance for every three years and duly notified. Reservations are prescribed for in-service personnel coming from those serving in Government Hospitals and Medical Colleges. The percentage prescribed for such personnel is 15% for the post-graduate degree and 25% for post-graduate diploma courses. No roster has been prepared and thus not notified till date. A statement showing the likely number of post-graduate registration available for the January 1988 session was drawn up and therein the depiction was that there would be only one seat in Radiology and that would go to an in-service candidate. Merit, reckoned marks wise amongst those applying, was in favour of Dr. Sheshgir. Dr. Chavan was preferred, his being the best entitlement amongst the in-service category. The announcement in his favour was made on 2-2-1988.

(3.) DR. Sheshgirs petition was moved on 5-2-1988. It was admitted on 8-2-1988. The Government respondents, having been put to notice, did not allow Dr. Chavan to fill up the seat. At the Bar, an uncontroverted statement has been made by his Counsel about Dr. Chavan having undergone and still undergoing the required practical training associated with the course.