SATISH SUMAN DR Vs. DIRECTOR MEDICAL EDUCATION

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. P. No. 608 of 1991 (Rajaram S/o Heeralalji Bedia v. Director, Medical Education, Bhopal and 3 Ors ). The petitioner in this case belongs to Scheduled Caste and having passed his M. B. B. S. examination in the year 1988 and having completed his internship in the year 1989, has also completed house job in the month of Dec. 1990. The petitioner was desirous of being admitted to a Post Graduate Degree/diploma course in the M. G. M. Medical College, Indore. He could not get admission under the Scheduled Caste quota because respondent No. 4, Dr. Rajaram Bedia, also a member of Scheduled Caste was doing his house job during the year 1990 and was higher in merit than the petitioner.

(2.) ACCORDING to the petitioner, the respondent No. 4, Dr. Rajaram Bedia could not complete his house job during the calendar year 1990 because of his long absence due to an unfortunate illness and, therefore, the petitioner had a right to be admitted in his place. The petitioner, therefore, filed an earlier petition registered as M. P. No. 23 of 1991. All the respondents in that case are respondents to this case also. In that case on 8-1-1991, this Court issued a direction to the Dean, M. G. M. Medical College, Indore to issue a notice to the respondent No. 4 Dr. Rajaram Bedia, calling upon him to join the course within 15 days of the receipt of the notice and to explain his absence. It was further directed that if the respondent No. 4 did not turn up to join the course within the stipulated time and did not explain the absence to the satisfaction of the Dean, he be deemed to have abandoned the course and the vacancy thus created be filled in by admitting the petitioner to the Post Graduate Course as per Rules. It was further directed that if the respondent No. 4 Dr. Rajaram Bedi joins the course in response to the notice and explains his absence to the satisfaction of the Dean, the petitioner would be free to challenge his eligibility or the Dean's decision by filing a fresh petition.

(3.) IN response to the notice sent to the respondent No. 4, Dr. Rajaram Bedia, he reported to the Dean, M. G. M. Medical College, Indore on 16-1-1991 and sought permission to complete his house job. In the letter, which appears to be the joining report of the respondent No. 4 submitted to the Dean, M. G. M. Medical College, Indore, annexed to the return filed by the respondents Nos. 1, 2 and 3 he has stated that he was suffering from malignancy of right ulna and as such was on leave from 5th Sept. 1990 to 10th Nov. 1990 and 16th Nov. 1990 to 15th Jan. 1991. By this letter the respondent No. 4 sought permission to complete his house job and Post Graduate studies. The Head of the Department forwarded the request to the Dean with a recommendation to take a sympathetic view in the case. It appears that the respondents Nos. 1, 2 and 3 permitted respondent No. 4 to continue his house job but did not grant him admission to the Post Graduate Course.