RUCHIR KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) This writ petition has been filed with a prayer to issue writ of mandamus to the respondents to admit the petitioner in M.D.Course in Medicine at MGM Medical College, Indore or in M.S. Course in General Surgery at S.S. Medical College, Rewa on the vacant seat of 2007 batch.

(2.) The material facts in brief, as stated in the writ petition, are that the petitioner after passing M.B.B.S Examination from S.S.Medical College, Rewa had appeared in Pre P.G. Test-2007 and secured 124.70 marks out 200 and was placed at Serial No.280 in waiting merit list of unreserved category. It is alleged that the programme for the second counselling was not advertised in the newspapers in terms of Rule 20(2) of Madhya Pradesh Medical and Dental Post Graduate Course Entrance Examination Rules, 2007 ( in brief 'the Rules'), consequently, the petitioner could not appear in the second counselling which closed at rank No.299 for unreserved category. Aggrieved, the petitioner has filed the present writ petition.

(3.) Learned counsel appearing for the petitioner submitted that the petitioner during the relevant time was residing at Tikamgarh whereas the programme of counseling was advertised in the newspapers published from Rewa which is not proper compliance of Rule 20(2) of the Rules therefore the petitioner is entitled for the relief claimed in the writ petition. Learned counsel for the petitioner in support of his submission has placed reliance upon the judgments in the matters of Dolly Chhanda versus Chairman, Jee and others [2005(9) SCC 779], Aman Deep Jaiswal Versus State of Punjab and others [2006 SCC (L&S) 1893], Sunil Harioudh Vs. State of Madhya Pradesh and others [2006(4) MPHT 426], Mridul Dhar (Minor) and another versus Union of India and others[2005(2) SCC 65] and Anshu Dubey vs. State of M.P. and others [2007(2) JLJ 78].