A.K. GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) A show cause notice on admission was issued in me case and with the consent of the parties, the case was finally heard and is being decided by this order.

(2.) THE petitioner is Assistant Surgeon in the service of the State of M.P. He complains that admission has been wrongly denied to him to the Post Graduate Diploma Course in subject Child Health in medical college due to mis -interpretation of rule 9.6 of the Rules for Post -Graduation (M.D./M.S. Course) in Clinical, Para Clinical and Non -Clinical Disciplines in Medical Colleges of Madhya Pradesh of the year 1984 (hereinafter referred to as 'the rule,'). The alternative submission of the petitioner is that if rule 9.6 of the above admission rules is construed against the petitioner, holding him disentitled to admission, the rule will suffer from the vice of being discriminatory and violative of Article 14 of the Constitution of India.

(3.) IT is not in dispute that the petitioner before being appointed to the post of Assistant Surgeon had obtained a post -graduate degree as Assistant Surgeon i.e. after his entry to the service of the state. Learned counsel appearing for the petitioner submits that on a reasonable interpretation on the Rule 9.6, there is no prohibition for admission to a candidate who obtained a post -graduate degree before being appointed as Assistant Surgeon. The learned counsel submits that qua -Assistant Surgeon petitioner did not possess any post -graduate degree and, therefore he could not be denied admission on the basis of Rule 9.6 of the Rules quoted above.