B MOHAN RAO Vs. UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) ORDER: The writ Petition is filed challenging the order of the 1 st respondent dated: 9-8-1996 and consequential direction to admit the petitioner in M.S. General Surgery for the academic year 1995-96 in the 2nd respondent college.

(2.) The petitioner completed M.B.B.S. course in 1993 and he intends to pursue further P.G. studies. He appeared for entrance of P.G. course for the year 1995-96 and in the examination he got 220 rank, he belongs to S.C. On the basis of the Rank and reservation, the petitioner got seat in M.D. General Medicine and allotted to Kurnool Medical College. The classes were commenced on 3-6-1996. The petitioner submits that 15% seats were reserved for S.C. candidates. Out of 7 seats, 5 seats were allotted to Kurnool college in the disciplines ofM.D. Gynaecology, Peadiatrics, General Medicine, M.S. General Surgery, Orthopaedic. Accordingly, Dr. Prameela who held 159 rank was given admission in M.D. Gynaecology and Dr.Suman in M.S. Orthopaedic. Dr.Gyan Prakasham and Dr. Venkaiah who were holding 203 and 213 Ranks respectively were given admission inM.S. General Surgery andM.S. Pediatrics, while the petitioner got 220 Rank was given M.D. General Medicine. However, it is the case of the petitioner that Dr. Gyan Prakasham who was admitted in M.S. General Surgery holding 203 Rank left the seat on 17-7-1996 and thus there was a clear vacancy in M.S. General Surgery in S.C. reservation. Thereafter immediately he made an application on 19-7-1996 to transferhim to M.S. General Surgery. Since his request was not considered, he filed Writ Petition No. 15073/96 and it was disposed of with a direction to consider the representation of the petitioner and to pass appropriate orders. The present order is passed by the 1st Respondent dated: 9-8-1996 rejecting the case of the petitioner. Therefore, the present Writ Petition is filed assailing the said order.

(3.) It is the case of the petitioner that he is entitled for the seat vacated by Dr. Gyan Prakasham as the next available person Dr. Venkaiah did not intend to go for M.S. General Surgery and therefore the petitioner is only the next person who could be allotted the seat in M.S. General Surgery. He also submits that under Rule 12(1) of the Admission Rules, the admission shall be closed one month after commencement of the course. Under Rule 14, transfer from one College to another College is perm issible only within one month from the date of closure of the admissions. Since, Dr. Gyan Prakasham refused the admission on 17-7-1996 and the petitioner made an application on 19-7-1996, it is permissible for the authorities to transfer him to the seat of M.S. General Surgery under Rule 14 as the transfer will be considered within one month from the date of the closure of the admissions. Even assuming that the admissions are deemed to have been closed on 3-7-1996, the petitioner also refers to certain decisions of this Court and by taking assistance of the decisions he states that he is entitled to be considered for the admission to the said course. The petitioner also filed an affidavit of Dr. Venkaiah to the effect that he is not interested to pursue the course in M.S. General Surgery as he got the subject of his choice i.e. M.D. Pediatrics.