VINOD KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Regard being had to the commonality of challenge in these writ petitions they were heard analogously and are disposed of by a singular order. Mr.Aditya Sanghi, learned counsel for the petitioner, has referred to the facts in W.P. No.6735/2008 and in view of that, the factual matrix of the said writ petition is frescoed.

(2.) The petitioner as an in-service candidate appeared in the Pre P.G. Entrance Examination for Medical & Dental Post Graduate Courses, 2008 conducted by the M.P. Professional Examination Board (hereinafter referred to as 'the Board'). The result of the petitioner has been brought on record as Annexure-P-3. It is contended that 20% seats are reserved for in-service category of students. The prospectus has mentioned 308 seats to be filled up out of which approximately 60 seats were mentioned as unrecognized seats which pertained to Degree courses and Diploma courses. Names of various colleges are mentioned in the prospectus showing the unrecognized Degree seats and unrecognized Diploma seats. It is putforth that there are certain seats which are neither in the recognized category nor in the unrecognized category. Though the said unrecognized seats were mentioned in the prospectus, a notification was issued on 23.5.2008 by the respondent No.2, the Director, Medical Education that the seats which are not recognized or which have been derecognized by the Medical Council of India would not be included in the counselling. It is pleaded that in respect of the unrecognized seats, the State Government has been allotting them to meritorious students so that they get the degree. It is putforth that the seats which are unrecognized by the Medical Council of India should have been included in the counselling so that the seats would not have gone waste. It is also averred that the counselling has been conducted without waiting for the reversion of All-India quota seats and the counselling could have been done on 5-6-2008. It is urged that by such non-inclusion of the unrecognized seats and the seats which have been reverted from the All-India quota, the petitioner has been deprived of the admission and has suffered at the hands of the respondents. In this backdrop, a prayer has been made to issue a writ of mandamus commanding the respondents to conduct fresh counselling in respect of the seats that have been reverted from All-India quota and unrecognized seats and further to command the respondents to allot unrecognized and derecognized seats of the Medical Council of India to the likes of the petitioner as the said practice has been in vogue for long.

(3.) A counter affidavit has been filed by the answering respondents No.1&2 contending, inter alia, that there are 300 seats for P.G. Course and out of the said 300 seats, 239 seats have been earmarked for non service candidates and 60 seats have been year marked for in-service candidates. In W.P.No.2943/2004 (Dr.Om Prakash Lakhwani Vs. State of M.P. and others) decided on 13.5.2008, the learned Single Judge had directed the respondent-State not to admit any student in future against any course which is not recognized by the Medical Council of India in a particular institution. The Rules, namely, M.P. Medical and Dentral P.G. Entrance Examination Rules, 2008 (for short 'the Rules') were published in the Gazette and in the said Rules, distribution of seats in different categories was shown in the Table appended thereto. It is putforth that in compliance of the said order of the learned Single Judge of the Gwalior Bench passed in the writ petition, the State Government excluded the unrecognized seats for the purpose of counselling and as the same has been done in compliance with the direction passed by the High Court,no fault can be found with the respondents. It is pleaded that in relation to the All- India quota seats the Apex Court in W.P.(Civil) No.157/2005 (Amit Gupta Vs. Union of India) has directed that the counselling shall be completed between 24th to 30th May, 2008 and thereafter the second round of the said counselling was extended for a period of ten days, i.e., 10.6.2008. The Director General of Health Services, Government of India completed the counselling by 30.5.2008 and seven days' time had been granted for the All-India quota candidates for taking admission. The seats could only be available to the State Government by 07.6.2008 as is clear from the letter dated 22.5.2008 passed by the Director General of Health Services. In view of the aforesaid, the second round of counselling was scheduled to be held from 08.6.2008 to 10.6.2008 for the seats reverted from the All-India quota. The stand that in the All-India counselling unrecognized seats are being allotted has been seriously disputed. The stand that certain seats are not mentioned in the column of seats has also been disputed by stating that no specific pleading has been made.