ANUPAMA GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition, the petitioner who is Gold Medalist and topped the list in whole Madhya Pradesh in M.B.B.S. examination and has cleared M.S. (orthopedics) in first attempt applied for the post of Post Graduate Resident (Junior Residency) in terms of the notification (document No.6) dated 5.7.94. The petitioner fulfilled all the eligibilities, but because of the cut -off date the petitioner was not selected for appointment. The meeting of the College and Hospital Council was held, the minutes of which are Annexure -A dated 5.8.94, in that the application was considered by the Council as directed by this Court but because of the cut -off date, the petitioner could not be appointed as Junior Post Graduate Resident nor any other candidate was appointed because no other candidate had applied. As the seat is going to waste and is lying vacant the College and Hospital Council recommended the case of the petitioner to the State Government, through the Director of Medical Education to consider the case of the petitioner by relaxing the condition of cut -off date as the College and Hospital Council was not competent to relax the condition. On that, so far no decision has been taken.

(2.) IT is submitted by the learned Government Advocate that the matter for relaxing the condition as aforesaid, is being expedited which will require sometime. In view of this, it is not necessary for this Court to deal with this petition on merits and it is disposed of with a direction to the Director, Medical Education and the State Government, that is, Secretary, Health Department to consider the recommendation of the Hospital and College Council for considering the case of the Post Graduates of the previous years by relaxing the cut -off date, on that Authorities shall take a final decision within 30 days from today.