AJAY KUMAR AGARWAL Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) THIS petition has been filed under Art. 226 of the Constitution of India against the respondents, challenging the action of the respondent in not admitting the petitioner to the course of M.S. (ENT) at M.G.M. Medical College, Indore.

(2.) ACCORDING to the petitioner he is prosecuting his studies in the post Graduate Diploma Course in Otorhino -laryngology (D.L.C.) in the M.G.M. Medical College Indore. He has passed the M.B.B.S. Examination in December, 1988 and completed internship on 25th Dec. 1989 from the same college at Indore. He was selected for a paid house job and appointed as House Surgeon in E.N.T. in accordance with the merit in the Gandhi Medical College, Bhopal, which he completed on 29.12.1990. The petitioner, however, continued to be an institutional candidate of the M.G.M. Medical College, Indore notwithstanding the completion of house job by him from the Gandhi Medical College, Bhopal and, therefore, in accordance with the merit he was given admission in the M.G.M. Medical College Indore to one year Diploma course in D.L.O. as the petitioner could not make the grade for admission to M.S. (ENT) for which only two seats were available for merit candidates in the said college.

(3.) THIS petition was filed on 30th May 1991 and till then the scat for which admission was sought was vacant. But during the pendency of this petition on 1.6.1991 Dr. P.R. Balkishore, from the Assistant Surgeons quota was admitted to the aforesaid course. Therefore, by amending the petition the petitioner has pleaded that the a location of the scat to the quota of Asstt. Surgeon is contrary to Rules which require distribution of seats between the merit candidates and Assistant Surgeons in the ratio of 2: 1. A future prayer was made that in admitting Dr. Balkishore the Authorities have acted contrary to the rules as also the instructions in this behalf In any case if the respondents wanted to give admission to some Assistant surgeon more seats should have been created but the ratio of the institutional candidates and Assistant Surgeons could not be disturbed. It has also been pleaded that Dr. Balkishore was admitted on 1.6.1991, whereas the last date for admission was 25.5.1991. Therefore, also the admission of Dr. Balkishore is illegal.