SHAMSUDER RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal is by the unsuccessful writ petitioner whose claim for admission to M. S. (General Surgery) Course in the Osmania Medical College was rejected.

(2.) The writ Petition came to be filed in the following circumstances. The appellant passed his M.B.B.S. Examination from the Osmania Medical College in 1979. He completed the Rotating Internship in May 1980 in the Osmania Medical College. Being eligible for admission into the Post-graduate courses in medicine of the universities in the State, he appeared for the entrance test held for admissions to the Post-graduate courses in medicine in 1981. He qualified to be admitted to the two years course of D. C. H. (Diploma in Child Health). He joined that course. He applied for admission to the Post-graduate courses during 1981-82 also The entrance test for admission to this course was held in Dec. 1981 at which his roll number was 8655. The results published on 6-1-1982 showed that he secured 138 out of 200 marks. He opted for degree course in M. D. (General Medicine), M. D. (Pediatrics) but not in M. D. (General Surgery). The respondents seek to justify the denial of admission to him in M.S. (General Surgery) course under R. 5 (d) to the Rules governing the selection of candidates for admission to Post-graduate courses in Medical Colleges of Andhra Pradesh State, issued in G. O. Ms. No. 624 M&H, Medical and Health, dated 26th Sept., 1979, The result of this writ appeal therefore depends upon the interpretation we place upon R. 5 of the aforesaid Rules which reads as follows:

(3.) Rule 5 declares eligibility of candidates for admission to particular course of study. R. 5 (a) makes all such candidates who have passed M.B.B.S. examination of one of the University of the State or any other University recognised as equivalent thereto and have completed or would be completing the rotating internship by the notified date eligible to apply for admission to the course. There is no dispute that the appellant fulfils these requirements and is eligible for admission to the course under R. 5 (a). if R. 5 (a) were to stand alone, he cannot be denied admission in view of the high rank he has secured and since option given by him is Surgery, he is entitled to be admitted to M. S. (General Surgery) Course of study. But at the same time sub-rules (b) and (c) of R. 5 prohibit the Selection Committee from considering such of the applicants who fall within the category of applicants mentioned therein. Sub-rule (b) of R. 5 refers to applicants who are already Post-Graduate Degree holders in a subject or admitted and registered for a Post-graduate degree. The appellant is not one such candidate. Sub-rule (c) of R. 5 prohibits applicants who are already Post-Graduate diploma holders in a subject from being considered for admission to another Post-Graduate Diploma or Degree Admittedly the appellant is not a Post-Graduate Diploma holder either on the date of the application or notification. There remains only sub-rule (d) of R. 5 to be considered. Sub-rule (d) does not prohibit any applicant from being considered for admission to the Post-Graduates Degree Course. It is merely an enabling provision. It permits applicants who are already Post-Graduate Diploma holders in a subject or those admitted and registered for a Post-Graduate Diploma course, such as the appellant, to be considered for admission to the Post-Graduate Degree Course in the subjects available in the same group.