SANJAY MAHESHWARI DR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has stated his claim for allotment of a seat in Post-Grduation Course (MD, Anaesthesia) and for that has prayed for issuance of a writ in the nature of mandamus commanding the respondents Nos. 1 and 8 to allot and admit the petitioner to one of the two seats of all India quota reverted to the institution.

(2.) THE salient facts leading to this petition are : The petitioner passed his MBBS examination in the year 1987, he completed his one year's compulsory Internship in the year 1988, completed 12 months, House Job in November 1989 and applied for a seat in MD Anaesthesia, from the institutional candidates the petitioner was in waiting list No. 1 in the order of merit and, hence, was allotted a seat in Diploma course in Anaesthesia of the academic session 1989. In January 1989 the petitioner appeared in All India Competitive Examination for seeking a seat in MD Anaesthesia but could not get through. Out of six seats (four of institutional candidates and two of Assistant Surgeon/military/private practitioner quota), two seats were diverted to All India quota - one from institutional merit candidate and one from Assistant Surgeon quota. As these two diverted seats were not availed of by the candidates from All India competitive examination, the seats were reverted back to the institution fide Directorate General, Health Services, Medical Examination Cell's communication dated 4th November 1989 for the 1989 quota. Prior to this, on 22nd September 1989 vide Annexure P/s, petitioner made a representation to respondent No. 2 the Dean, G. B. Medical College, Gwalior, for allotment of a Post-Graduate seat from All India quota-seats which were lying vacant, but that seat was not allotted to him, and he was selected for Diploma course in Anaesthesia, as aforesaid, which he joined on 13th December 1989.

(3.) AGAIN, vide Annexure P/9 dated 30-12-1989, the petitioner made a representation to respondent No. 2 to allot him one of the released vacant seats of MD Anaesthesia of All India Quota. The petitioner also challenged the allotment of seats to Dr. Gyanendra Pradhan, an Assistant surgeon, and Dr. V. Saraswat, a Military personnel, respondents Nos. 3 and 4. Respondent No. 3 Dr. Pradhan, aggrieved of his placing and allotment of a seat in Diploma in Anaesthesia, made a representation, which was accepted, as is evident from Annexure R/3 dated 23-12-1989, issued from Directorate of Health Services, which related to the final allotment of seats to Assistant surgeons from Assistant Surgeon/private practitioner/military quota. The Director of Medical Education vide Annexure R/l dated 20-12-1989 communicated to all Deans of Medical Colleges in Madhya Pradesh regarding the revised distribution of post-graduate seats for the year 1989 in reference to the released/reverted seats of All India quota, and informed them that in order to avoid complications, as far as possible, it would be desirable to issue admission letters only on the last working day of December 1989. It is evident from the return that out of the two reverted seats, one seat was allotted to Dr. Abha Agrawal, vide the minutes of the meeting of the College and Hospital Council dated 12-1-1990 (Annexure R/7) as she, admittedly, was higher in merit than the petitioner. Respondent No. 4 joined on 15th May 1989, vide Annexure R/5, consequent on the selection of Dr. Capt. Indramohan for MD Anaesthesiology at Medical College, Jabalpur, having been cancelled.