V SHYLA NAIR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner seeks admission to the Nurses Training Schools located within the State of Madhya Pradesh. There are about fourteen institutions in the State of Madhya Pradesh. In all, there are 319 seats. The petitioner submits that in the joint merit list, she is high-up but she has been denied the admission to the Medical College Hospital, Gwalior on the ground that only out of 41 seats our seven seats are meant for the district of Gwalior.

(2.) The learned counsel for the State, objected to the maintainability of the petition. According to him, this is a case which should go before the State Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. He placed reliance on a Full Bench decision of this Court reported as Usha Narwariya (Dr.) v. State of M.P., 1993 Jab LJ 663. In para 31 of the judgment, it was observed as under:

(3.) I am of the view that the above decision is not attracted to the facts of the case. Merely becuase a candidate after obtaining instructions in a particular institution run by the State would become eligible for appointment to a Government service is no ground to hold that the provisions of the Central Act would be attracted. The preliminary objection is, as such, overruled.