STATE OF M.P. Vs. VISHAL MADAN

JUDGEMENT

(1.) THIS is a Letters Patent Appeal directed against order dated 14.5.1999 passed by learned Single Judge in W.P. No. 1327 of 1999 whereby the learned Single Judge has issued a direction to the appellants to admit the respondent (petitioner) in M.S. (General Surgery) Course forthwith and has awarded cost of Rs. 5, 000.00.

(2.) PETITIONER (respondent) after passing M.B.B.S. examination aspired to persue studies in Post Graduate in General Surgery. He appeared in the M.P. Pre -Post Graduate Examination and he was selected for admission in M.D. Course in Skin anti V.D. in Netaji Subhash Chandra Bose Medical College, Jabalpur. Hereafter, the petitioner appeared in 'All India Pre -P.G. Examination for admission' to Post Graduate Medical Courses and Dental Courses in January 1999. He was informed by communication dated 9th March 1999 that he was admitted in M.S. General Surgery course of three years' duration in Netaji Subhash Chandra Bose Medical College, Jabalpur. The petitioner pursuant to the communication dated 9th March 1999 appeared before the Dean. Netaji Subhash Chandra Bose Medical College, Jabalpur (hereinafter referred to 'Medical College') for admission but the Dean of Medical College informed him that by virtue of paragraph 6 (b) of Bulletin of Information for Guidance for All India Pre -P.G. Examination 1999, he cannot be admitted to the course. Though the Vice Chancellor of the University informed that the University has no objection for petitioner being admitted in the M.S. General Surgery Course, but the petitioner was not given admission in view of paragraph 6 (b) aforesaid. Therefore, the petitioner was driven to file this petition.

(3.) IT may be relevant to reproduce paragraph 6 (b) of the Bulletin of Information for Guidance for All India Pre -P .G. Course 1999 (hereinafter referred to All India Bulletin 1999) which reads as under: