SANJAY TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner after passing M. B. B. S. from Pt. J. N. M. Medical College, Raipur, appeared in the M. P. Medical and Dental Post Graduate Entrance Examination 1997 and was placed at S. No. 315 in the merit list. The petitioner opted for Diploma Course in Pathology in Medical College, Rewa. As a post in M. D. Pathology was vacant the petitioner applied for change of Course but the same was not paid heed to. Feeling aggrieved the petitioner filed a writ petition No. W. P. 4828/99 wherein this Court held as under :-"

(2.) AS the relief was granted the learned counsel for the petitioner withdrew the Writ Petition No. 4828/99. After Annexure P-9 came into existence the petitioner was not allowed to change his Course. On the contrary the said order was stayed on the ground that the petitioner had completed Diploma Course on 29-12-99. As the order was not given effect to the petitioner approached this Court commanding the respondents to give effect to that order.

(3.) A return has been filed by the answering respondents contending, inter alia, that as the petitioner has already completed the Diploma Course there is no question of grant of permission to change to the Post Graduate Course in Pathology. It is put forth that at the time of passing of the order vide Annexure P-9 the Authority concerned was not aware that the petitioner had already completed the Diploma Course. It is further put forth that in that situation a change of Course is impermissible as per the rules. Hence the relief prayed for by the petitioner cannot be granted.