RUPESH MODI Vs. DIRECTOR OF MEDICAL EDUCATION BHOPAL

JUDGEMENT

(1.) The petitioner in this petition Dr. Rupesh Modi passed the M. B. B. S. Examination from M. G. M. Medical College, Indore in October 1988 and completed internship on 25-12-1988. But for the house-job he could not be selected in the year 1989, but during the continuation of the house job, one vacancy of the house-job occurred in medicine. The petitioner was offered this house-job and he joined the same on 15-6-1990. Thereafter he completed the house-job after getting extension on 14-6-1991.

(2.) According to the petitioner he is entitled to admission in Diploma Course either in the subject of Tuberculosis and Chest Diseases (hereinafter called D.T.C.D.) or Diploma in Anesthesia (hereinafter called D.A.) according to the Rules framed by the State Government in consonance with the Indian Medical Council Rules. Actually the criteria for admission to the diploma course is the same as admission to Post-Graduate Course. Rule 3.1 of the Diploma Rules provides that the criteria shall be the same as that of P.G. Degree Rules and, therefore, selection for admission has to be made according to Rule 8 of the P. G. Degree Rules. The petitioner further avers that the respondent No. 2 and the College Advisory Council considered cases for admission to Post-Graduate Degree and Diploma Courses and on the basis of merit and eligibility of the petitioner, the petitioner was placed at S.No. 12 of the provisional combined list of House Surgeons of Medicine and Surgery. The said list was notified on 2/11/1991 (Annexure-C). Another candidate Dr. Prashant Wadewalkar was placed at S.No. 4 in that list. The petitioner expected that he shall be granted admission in P.G. Degree for D.T.C.D. or D.A. because both the subjects are allied subjects of medicine, but he has not been granted any admission although one seat of D.T.C.D. and one seat of D.A. are lying vacant.

(3.) According to the petitioner candidate at S.No. 11 Dr. Sandhya Agrawal, a candidate from Surgery, who has not completed her house job in the year 1991 and would be completing her house job in the calendar year 1992 has been shown selected provisionally in the merit list, but she is not eligible for the admission in view of the fact that she has not completed her house-job in the same calendar year. Therefore, the petitioner is the only eligible candidate for admission to D.T.C.D. and D.A. course. Still the admission is not given to the petitioner violating his fundamental rights. In any case for Diploma in Anesthesia the petitioner is eligible in view of the Rules and for D.T.C.D. also he has to be admitted in view of the fact that there is no other candidate seeking admission in the subject throughout the State. Therefore, he has sought the issuance of writ directing the respondents to admit the petitioner to D.T.C.D. or D.A. Diploma Course of the College by filing this petition under Art. 226 of the Constitution.