RAJESH MALIK Vs. STATE

JUDGEMENT

(1.) The petitioner, who is seeking admission for post graduation in Radiology in the Medical College, Jabalpur, is seeking the following reliefs (a) quashing of circular dated 27-3-1985 of the Director of Medical Education saying that the State Government does not guarantee registration of candidates for post graduate/diploma courses for the subjects for which they have given their options for house jobs, (b) commanding the respondents to follow the existing rules in the matter of admission to post graduate/diploma courses without reservation of seats; and (c) 50% of the seats be reserved for all India competition without giving any reservation to the Assistant Surgeons, private practitioners and military personnels.

(2.) The petitioner passed his M.B.B.S. examination held in 1984 from the Medical College, Jabalpur. He did his internship from 1st June 1984 for one year which is compulsory before getting the degree of M.B.B.S. The Dean, Medical College, Jabalpur, issued a notice inviting applications for selections of candidates to house jobs. With that notice the circular in question of the Director of Medical Education mentioned earlier was enclosed. The interview was actually held on 13-6-1985. The petitioner, who was at serial number 20 in order of merit, gave option for house job in the specialised subject Radiology. It may be mentioned that a candidate desirous of being registered for post graduate/diploma courses are required to do house job for one year in the specialised subject for which he is seeking admission for post graduation. The petitioner was accordingly selected for the house job in the specialised subject Radiology which commenced from 16-6-1985.

(3.) The petitioner's case is that the Supreme Court in Pradeep Jain v. Union of India AIR 1984 SC 1420 has held that reservation on the basis of residence requirement within the State and institutional preference cannot exceed seventy per cent of open general seats and the remaining seats should be open to all India competition. In view of this decision, there can be no reservation made in favour of Assistant Surgeons, private practitioners and military personnel and after filling up of 50% of the seats on merits to the institutional candidates the remaining seats should be kept for all India competition. The State Government without framing any rules called candidates for interview for filling up the post for doing house jobs and there was great deal of confusion at that stage regarding selection of subject for the house jobs and later on if he is successful in all India competitions, he will be required to do the house job all over again in the specialised subject for which he is selected. That means he will be losing 10 months for nothing. The petitioner, therefore,/ represented to the Dean, Medical College to postpone the interview for selection of house jobs in order to implement the decision of the Supreme Court in the aforesaid case. The Director of Medical Education has recommended subject-wise distribution of seats as given in Ann-C, wherein reservations have been made for Assistant Surgeons, private practitioners and military personnel. Such reservation is wholly unwarranted and unjustified and is not in conformity with the decision of the Supreme Court. The new rules can only operate prospectively and not retrospectively to the candidates who have already been selected for house jobs.