MD MERAJ ALARM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr G.N. Sahewalla, learned counsel for the appellant and Mr B.C. Das, learned Addl. Sr. Govt. Advocate, Assam, appearing for the respondents.

(2.) In this writ appeal, the matter relates to admission to the Post Graduate Course of MS (General Surgery) pertaining to the session 1994-95. It appears that for the aforesaid session, the petitioner had given his preferences for different courses in Gauhati Medical College, including for MS (General Surgery). The petitioner could not be accommodated according to his choice and was allowed a seat in Silchar Medical College in the course, "DLO ENT". It appears that some seats in different specialities fell vacant in different Medical Colleges and as a consequence thereof fresh admission notice was issued by the Director of Medical Education, Assam on 24.11.96. The petitioner was allotted a seat in MS (Opthalmology) at Gauhati Medical College and subsequently he was alloted a seat in MS (General Surgery) in Assam Medical College, Dibrugarh on 24.4.97, though his preference was for Gauhati Medical College. He took admission in Assam Medical College, Dibrugarh, but, immediately thereafter he came to know that one seat in MS (General Surgery) in Gauhati Medical College was surrendered by one Dr. Narasimha Murthy B.K. in May, 1997 itself. The petitioner promptly made a representation on 13.5.97 for being accommodated against the surrendered seat in MS (General Surgery) in Gauhati Medical College for the session 1994-95. The Government, it seems, took its own time in considering the matter and it was after more than a year that the petitioner was communicated the decision of the State Government expressing its inability to accommodate the petitioner/appellant against the vacant seat in MS (General Surgery) in Gauhati Medical College observing that about a year-had already passed. On receipt of the said order, the petitioner/appellant preferred a writi petition in this court and this court thought it fit that the Medical Council of India may consider his case. With this direction the petition was disposed of by order dated February 16,1999.

(3.) The petitioner preferred the present appeal against the said direction. However, in the meantime, the Medical Council of India considered the case of the petitioner and rejected his prayer by order dated 19.4.99. Learned counsel for the appellant submits that this dbcision was not communicated to the petitioner/appellant. It has, however, been placed before us by the learned counsel for the State. The photostat copy of the order furnished by the State counsel be placed on the record.