RAJEEV DALELA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a reference made by a Division Bench of this Court in the order dated 17-8-1999 passed in W. P. No. 1171/1999.

(2.) THE background in which the reference is made is that Rule 3 (VI) (iv) of the Madhya Pradesh Medical and Dental Postgraduate Entrance examination Rules, 1999 (for short 'the Rules') inter alia provided that a person admitted to any postgraduate course in Madhya Pradesh in previous year who has not completed the post graduation course is not eligible to take the examination up to three years from the date of his previous admission candidates who had been admitted to postgraduate courses in Madhya Pradesh on this basis of the results of Pre- Postgraduate Examination in the year 1998 approached this Court in the writ petitions and thereafter Letters Patent appeals for a direction to authorities to permit them to participate in the counseling on the basis of the results of the Pre- Postgraduate Examination, 1999 so that they may get a course or seat of their choice.

(3.) A Division Bench of the Principal Seat of this Court at Jabalpur held in LP A No. 196/99 (Dr. Naveen Kumar Dulhani Vs. State of M. P. and others) in a judgment delivered on 20-7-1999 that such candidates who had appeared in the 1998 Pre- Postgraduate Examination and had been admitted to postgraduate courses cannot be allowed to participate in the counseling on the basis of the results in the Pre- Postgraduate Examination, 1999, but a Division bench at Gwalior of this Court in LPA No. 62 of 1999 (Dr. Vaishali Govila Vs. State of M. P. and others) directed the authorities to permit such candidates who had been admitted to postgraduate courses pursuant to the Pre- Postgraduate entrance Examination, 1998 for counseling on the basis of their results in the pre- Postgraduate Entrance Examination, 1999 on filing affidavits that they will forego their admission on the basis of the 1998 examination.