RAMKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners, who are related as father and son have filed this petition under Art. 226 of the Constitution of India as a public interest litigation for protecting the rights of the petitioner No. 2 Dr. Sunil Kumar Bansal.

(2.) The petitioner No. 2 Dr. Sunilkumar Bansal was given admission in Post Graduate Diploma Course in M.G.M. Medical College in Orthopaedics in the academic year commencing on 26-11-89 and ending on 25-11-90. It has been stated that after having completed the diploma course the petitioner No. 2 has now passed the diploma examination.

(3.) It is alleged by the petitioners that pursuant to selections on the basis of merit the name of the petitioner No. 2 was put in the waiting list of Institutional Merit Candidates for admission to Post Graduation Degree of M.S. in Orthopaedics pertaining to the academic year commencing on 26-11-89 and ending on 25-11-90. The petitioners have also alleged that respondent No. 4 Dr. Anil Sharma who was admitted to Post Graduate Degree course of M.S. (orthopaedics) in M.G.M. Medical College Indore and joined that course on 26-11-89 as an Institutional Merit Candidate, has left his seat vacant, he having gone to U.S.A. since 4-6-1990. On these allegations the petitioners claim that the petitioner No. 2 is entitled to be given admission to M.S. Course in Orthopaedics against the seat of Dr. Anil Sharma which is alleged to have fallen vacant. The petitioners have claimed that the petitioner No. 2 is entitled to be admitted under Rule 10 of the M.P. Selection for Post Graduation Courses Rules of 1984 to fill up the vacancy of seat in the Post Graduate Course in M.S. in the circumstances as alleged and have placed reliance on the decision of the Supreme Court in Dr. Ajay Pradhan v. State of M.P. (1988) 3 Serv LR 253 which has been filed as annexure-4 to the petition. A notice to show cause against admission of this petition was issued to the respondents. Respondent No. 4 has not appeared before us but reply to the show cause notice has been filed on behalf of respondent Nos. 1, 2 and 3 i.e. State of Madhya Pradesh, Director of Medical Education and the dean M.G.M. Medical College, Indore on 21-8-90 and an additional reply on their behalf has been filed on 12-10-90.