VIJAY BHARADWAJ Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) The Petitioner prays for the issuance of a Writ of Mandamus directing the respondents to admit him into the 1st Year Post Graduate Degree (M.D. Pediatrics) Course in Gandhi Medical College, Hyderabad for the year 1979-80.

(2.) The petitioner sat for the entrance examination for admission into the First Year Post Graduate Degree (M.D. Pediatrics) Course which was held in October, 1979. The result was published on 25-3-1980 i.e., six months after the examination. He obtained 4th rank in the said examination. The result was despatched to the petitioner to his Secunderabad address on 29-3-80. As he was staying with his father who shifted from Secunderabad to Bangalore, the Postal Authorities redirected the letter to the petitioner to his Bangalore address on 31-3-80 but he received that letter on 8-4-80. From the contents of the letter it is clear that the petitioner was directed to report to the Principal, Gandhi Medical College before 5 p.m., on 7-4-80. Since the letter was received by him on 8th i. e., one day after the due date for reporting, he gave a telegram to the Principal on 8th itself and started from Bangalore and reported to the Principal on 10th April, 1980. Even by 10th April, the seat meant for him was not filled up. But the Principal refused to admit the petitioner. The petitioner, therefore, submitted an application to the Director of Medical Services on 10-4-80 requesting for the issuance of necessary directions to the Principal. As no action was taken either by the Principal or by the Director of Medical Services he filed this writ petition.

(3.) This Writ Petition is oppsed by the respondents. In the counter they contend that the petitioner who was selected for the First Year Post Graduate Degree (M.D.Pediatrics) Course and allotted to Gandhi Medical College, Hyderabad was intimated by the Principal, Gandhi Medical College, Hyderabad to report for admission before 5 P.M, on 7-4-1980, failing which his provisional selection will be cancelled and the seat shall be filled up from the waiting list of candidates, that the petitioner never informed the Principal the change of address for sending communication to him and hence the Principal of the Medical College is not responsible for the postal delays, It is funhsr contended that in the application form it has been clearly indicated that in case of any change of address he should intimate the Principal of the Medical College about the same and the petitioner has not done and therefore, the intimation was sent to his Secunderbad address given by him, It is futher contended that since the pstitioner failed to report for admission, his provisional selection stands cancelled as per Rule 10(h) of the Admission Rules. Since the admission has been closed as per Rule 10(h) and the consequential vacancies of the first list are tilled up as per Rub 19 of the Admission Rules, the vacancy which has arisen consequent upoa the petitioner not reporting before the Principal before the specified date shall not be kept vacant till the date of closure of admission, but has to be filled up by the next merited candidate. The petitioner, therefore, has no right to ask for reservation of seat for his admission indefinitely. It is further contended that on account of the direction for keeping one seat in M D. Pediatrics given by this Court, further sele;tion of candidiates has been held up as there is a provision for allotting this seat by merit to the next eligible candidate even if he has joined another subject. Thus no injustice was done to the petitioner if he was not admitted into the First Year Post Graduate Course on his failure to join before 5 P.M,, on 7-4-80.