NIRMAL LAKHOTIYA Vs. STATE

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution.

(2.) The material facts giving rise to this petition, briefly, are as follows : In response to the advertisement (annexure 'A') issued on 15th May, 1986, by the Dean, M. G. M. Medical College, Indore inviting applications from medical graduates for admission to full time diploma course in the subjects mentioned in the advertisement, the petitioner, who had passed M. B. B. S. examination from the M. G. M. Medical College, Indore, submitted the application for admission to diploma course in Radiology (D. M. R.D.). The petitioner contends that he has completed one year's house job in the subject concerned in the hospital of the Bhilai Steel Plant at Bhilai, recognised to be at par with the D.K. Hospital, Raipur, which is treated as the hospital of the Medical College, Raipur, for internship and house job, and hence the petitioner is entitled to secure admission to the Diploma Course. The petitioner has further averred that as he has done house job in the subject concerned from the Medical College of M.P., he is entitled to admission in preference to those who have completed one year house job in Medicine or Surgery in the M. G. M. College, Indore. The petitioner contends that on 21-11-1986, a list of successful candidates who had secured admission to diploma courses was published by the respondents but the name of the petitioner was omitted in that list. The petitioner has, therefore, filed this petition.

(3.) In the return filed on behalf of the respondents, it is contended that as prescribed by the rules framed by the State Government for admission to Post-graduate Diploma Course, the petitioner is not eligible for admission as he has not completed house job in the concerned subject in any Medical College in the State; that only those candidates, who were selected by the Dean, Medical College, Raipur, to complete the house job at the Bhilai Steel Plant hospital, could claim to have completed house job in the concerned subject in a Medical College and that as the petitioner was not selected by the Dean, Medical College, Raipur, for completion of house job from the Bhilai Steel Plant hospital, he is not eligible for admission under the rules. It is further contended that in accordance with the priority prescribed by the rules, the petitioner is not entitled to get preference over candidates, who had done house job in an allied subject from the M. G. M. Medical College, Indore.