CHITTARANJAN MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenge in this writ application is with regard to the refusal by the Post-Graduate Selection Committee for admission of the petitioner to the Post-Graduate Course in Obstetrics and Gynaecology in spite of his completion of the R.H.S. Course in the Ispat General Hospital, Rourkela, recognised by the Indian Medical Council after graduating himself in Medicine from the S.C.B. Medical College, Cuttack, as per the terms of the Prospectus (Annexure-A) published by the Convener of the Post-Graduate Selection Committee-cum-Principal, V.S.S. Medical College, Burla, for selection of candidates to the Post-Graduate Course in the three Medical Colleges of the State of Orissa for the year 1982-83, in spite of his applications (Annexures-2 and 3) in this regard and as averred in the application, the petitioner has been surprised by this action and has been discriminated against. The opposite parties, in their counter-affidavit, have denied the allegations and averred that the petitioner was not entitled to be admitted to the Post-Graduate Course as he had not come to the R.H.S. Course through an entrance examination in any of the three Medical Colleges of the State and the seats far the Post-Graduate Course had been reserved only for the candidates who had come in that process. Thus under the terms of the Prospectus, they assert, the petitioner could not claim any discrimination for not being admitted to the Post-Graduate Course.

(2.) Mr. Rath for the petitioner has invited our attention to Cl.12.3.1 in the Prospectus which reads :

(3.) The petitioner may have been surprised by the refusal to admit him to the Post-Graduate Course, but we are not. Clause 12.3.1 is to be read conjunctively with the other provisions made in the Prospectus and not disjunctively. Clause 12.3.2 provides :