REKHA SAXENA Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging an order passed by the Joint Director, Medical Education, Madhya Pradesh, Bhopal, dt. 26th April 1984, refusing admission to the petitioner for Diploma Course in Post-Graduate Studies at Gajra Raja Medical College, Gwalior.

(2.) According to the petitioner, the petitioner passed her M.B.B.S. Examination in the year 1981 as a student of the Gajra Raja Medical College, Gwalior and thereafter did her internship from 10th Aug: 1981 to 9th Aug. 1982 from J. A. Group of Hospitals attached to the Medical College and thereafter she was awarded the degree of Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.). The petitioner after obtaining this degree with a view to pursue her further education joined the House Job in Gynaecology and Obstetrics of J. A. group of Hospitals on 10th Aug. 1982 and completed it on 9th August 1983.

(3.) That the Dean of the G. R. Medical College, Gwalior (Respondent 3) issued a notice dated 2nd Feb. 1983 inviting applications on prescribed forms for admission for M.D./M.S. and Diploma Courses at G. R. Medical College, Gwalior, under the rules framed by the Government of Madhya Pradesh and communicated to the Dean of the Medical College by letter dt. 30th May 1981 from the candidates who were to complete their House Job during the year 1983. The last date for submitting forms was 26th Feb. 1983 which was further extended by respondent No. 3 by thirty days and thus the last date was 25th Mar. 1983 as the petitioner was to complete her House Job before the date of admission, i.e., 10th Aug. 1983, the petitioner submitted an application in March 1983 for admission to Diploma Course in Gynaecology and Obstetrics. It is further alleged that as per Rule 2.1 for Diploma Course, the Dean of the Medical College has been authorised to fix the seats with the prior consultation of the concerned University and the Medical Council of India. Respondent 3, the Dean of G. R. Medical College, Gwalior, had Fixed 7 seats for the Diploma Course in Gynaecology and Obstetrics. These seats were to be distributed on the basis, of 50% for merit candidates and rest for Assistant Surgeons serving in the State and by this process respondent 3 had fixed 3 seats for merit candidates in the Diploma Course of Gynaecology and Obstetrics. Apart from the petitioner, one Dr. Smt. Urmila Shukla had also applied for admission to the Diploma Course in Gynaecology and Obstetrics and Smt. Shukla had also applied for admission to post-Graduate Course in the same subject for the year 1983-84. According to the rules framed by the. State Government for admission to the post-Graduate Studies, the total number of seats available for admission would be equal to the number of sanctioned posts of teachers, in the department up to the rank of Lecturers and there being 7 teachers up to the rank of Lecturers in the department of Gynaecology and Obstetrics in this Medical College, the seats for Post-Graduate studies for Master's Degree in Surgery in the above subject came to 7.