KIRTI DESHMANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition initially was heard by a Division Bench of this Court consisting of Dr. T.N. Singh, J. and myself; there it was contended by the petitioner that respondent No.5 is not entitled to admission in post-graduation course in Obstetrics and Gynaecology, in G. R. Medical College; Gwalior, as respondent No.5 prosecuted her studies and did her MBBS as a foreign national, a nominee, in reserved seat under Self-financing Foreign Students Scheme (for short, the 'Scheme'); therefore, the entitlement of respondent No.5 had to be determined with respect to Post-graduation Roles in that context, as laid down by a Division Bench of this Court in M.P. No.908/1986 (Dr. S.K. Saxena v. Union of India and others), decided on 26-11-1986. Hence, respondent No.5's admission to post-graduation course on merit basis is illegal and is liable to be quashed. On the other hand, respondent No.5 challenged the correctness of the view expressed in the said decision and submitted that at the Main Seat in M. P. No.3037/ 1987 ( Dr. Amarjit Singh Sardar v State of M. P. and 2 others), decided on 21-11-1989, a different view is taken. In view of the two different views expressed by the two Division Benches of this Court, the Division Bench hearing the present petition, felt that the question is of general importance, as similar cases are bound to come up; therefore; an authoritative decision on the interpretation of the relevant rules of admission to MBBS Course vis-a-vis admission to post-graduation course by the Larger Bench is needed; therefore, the matter was referred to the Hon'ble the Chief Justice to constitute a larger Bench and decide the matter finally on merits after settling the law; hence, we are called upon to dispose of this petition finally,.

(2.) For dealing with the petition, it is essential to state the material facts in brief, which are thus:

(3.) After disposal of various objections by different candidates in relation to selection in various disciplines, the Dean, G.R. Medical College, Gwalior, on 8-11-1989 issued two office orders (Annexure P-7) one declaring the final list of candidates selected for MD/ MS course for the year 1989-91 and the other of candidates selected for one year Diploma Course for the year 1989-90 in the disciplines mentioned in those orders. The petitioner was selected for Diploma Course (DGO) in Obstetrics and Gynaecology for the year 1989-90. Selection candidates were directed to report through the respective Heads of Departments within 10 days, after completion of their one year House-Job, but not later than 31st December, 1989, provided their one year's House-Job is complete.