VISHWAMBHAR PURI GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners in this petition have passed their M.B.B.S. examination in September, 1987 and completed their internship on 17-11-1988. They also completed their house job in the Department of Paediatrics in the M. Y. Group of Hospitals attached to M.G.M. Medical College, Indore 17-11-1989. They are, therefore, desirous of getting admission in P.G. degree course in Paediatrics or in the alternative P.G. diploma course in Paediatrics leading to the diploma in DCH. According to the petitioners, in the Department of Paediatrics in the M. G.M. Medical College, Indore, there are 11 seats in the post graduate courses. 5 of them are for degree course leading to degree of M.D. Paediatrics. Out of 5 seats, 3 are earmarked for merit candidates and one each for Assistant Surgeons and candidates coming from All India Pre P.G. quota. 6 seats are for diploma course leading to diploma in DCH. Out of 6 seats, 2 seats each are reserved for merit candidates, Assistant Surgeons and All India Pre-P.G. candidates. The Government of Madhya Pradesh has framed rules for post graduation in clinical, para-clinical and non-clinical disciplines in Medical Colleges in M.P. These rules do not have statutory force but are executive instructions by way of guide lines issued by the State. Rule 4(a) provides for availability of seats in the Medical Colleges. The rule further says that the seats for admission shall be determined in accordance with the Medical Council of India Regulations and the strength shall be revised every January on the basis of the post-graduate teachers available as on 31st of December of the preceding year. The Medical Council's recommendations have been approved as Regulations under Section 33 of the Indian Medical Council Act, 1956 by the Government of India, according to which teacher and taught ratio has to be 1:1 in post-graduate degree courses and 1 : 2 in post-graduate diploma courses. According to the list given by the petitioners in para 7 of the petition, there are seven qualified teachers in the M.G.M. Medical College. Therefore, the number of seats in Paediatrics Department for the post-graduate admission should have been 7 in degree courses and maximum 12 for diploma course. But only 5 post-graduate teachers have been shown by the respondents ignoring two teachers in the list who had become eligible as post-graduate teachers during the year 1988. Therefore, while revising the seats only 5 seats were made available for the P.G. courses in the M.G.M. Medical College and 6 seats in the diploma course. Action of the respondents in not increasing the seats is extremely arbitrary, unjust and improper. It is not the sweet will of the Government whether to increase the seat or not. On 16-11-1989 the petitioners represented for the increase of seats. The representation was forwarded and recommended by the Dean, M.G.M. Medical College. Indore to the Director, Medical Education, M.P. Bhopal. Therefore, the petitioners have prayed that the number of seats should be increased in accordance with All India Medical Councils recommendation and the petitioners be admitted against the vacancy so created. One Dr. Sangeeta Dandwate has joined the petitioners as an intervener and she supports the case of the petitioners except the prayer wherein she states that she being superior in merit deserves to be admitted in preference to the petitioners.

(2.) Resisting the case of the petitioners, the State in its return has stated that out of 10 persons getting admission, 7 get house job in M. Y. Hospital while 3 in Chacha Nehru Hospital. However, it is denied that there are 7 qualified teachers in the hospital. According to the respondents, 2 qualified teachers are posted in the Chacha Nehru Hospital and since the hospital is a separate entity it is only attached to the Medical College. Therefore, these two teachers cannot be considered for Paediatrics Department of the Medical College and can be withdrawn any time. As regards the creation of additional seats, it has been stated that seats can be created with the consent of the State Government and as there being an imbalance in the teacher-taught ratio, the Government has decided to freeze the number of seats in the medical colleges of the State. The State Government, therefore, cannot increase the number of seats. In an affidavit filed with the rejoinder by one of the petitioners, Dr. Goswami, it has been stated that the State has made a wrong statement while stating that there are only 5 qualified teachers. The teachers at Chacha Nehru Hospital are attached to M.G.M. Medical College, Indore and for the purpose of post-graduation they are recognized teachers. The house job done at Chacha Nehru Hospital is treated as house job done in the M.G.M. Medical College. Indore, and on the basis of that the P.G. seats are allotted to the candidates completing house jobs in Chacha Nehru Hospital. If, for the purpose of house jobs, Chacha Nehru Hospital is taken to be attached to M.G.M. Medical College, it cannot be deemed to be a separate hospital, unconnected with the M.G.M. Medical College for the purpose of counting the postgraduate teachers working in the Chacha Nehru Hospital in the strength of qualified teachers for the purpose of post-graduate courses in M.G.M. Medical College, Indore. The State is responsible of committing grave irregularities in the matter of admissions in post-graduate courses in Medical Colleges of the State. If the proportion of teacher taught ratio is disturbed by the State itself it cannot penalise the candidates at Indore by freezing the seats due to the increase in the number of seats in other medical colleges. Actually the imbalance created by the State may cause even derecognizing of the medical college in which the seats are in excess of the teachers. It has also been denied that the posts in Chacha Nehru Hospital are temporary. A list of teaching staff at Chacha Nehru Hospital has also been annexed.

(3.) The Court vide its order dated 15-12-1989 directed that the State should take decision about the increase in the number of seats and the case was directed to be listed on 4-1-1990. The State came up with the reply that in view of Rule 4(a) of the Rules of the M. P. admission, the seats cannot be increased because the rules provide for freezing of the seats. The State has in a lengthy reply to the rejoinder set forth the principles in the matter of determination of the number of seats and has clearly said that although Dr. Thora is found to be a qualified teacher and the State is not certain about Dr. Jain still the seats cannot be increased because of the total imbalance of the teacher taught ratio in the State. Thereupon this Court had directed the State to state whether after the decision of freezing the seats by the State Government in accordance with Rule 4(a), whether any seats have been increased in the State in any discipline, in reply to which the State has filed the statement pertaining the increase in the seats which shows that the number of seats have been increased in different medical colleges despite the decision of the Government to freeze the seats as contained in Rule 4(a) of the Rules of admission in medical colleges.