RAMENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dr. Ramender Singh has filed the present writ petition under Article 226/227 of the Constitution of India with a prayer that a writ in the nature of mandamus be issued against the respondents to grant admission to the petitioner in M.D. Radiology where one seat was available as per the Prospectus in the Haryana Civil Medical Services quota, as the petitioner had secured first position in the Entrance Test conducted for the admission.

(2.) The case set up by the petitioner is that he passed his MBBS course in the year 1992 from the Medical College, Rohtak. Thereafter, the State of Haryana advertised posts of Medical Officer in the H.C.M.S. on ad hoc basis and he applied for the same and, ultimately, he was selected and he joined as Medical Officer on ad hoc basis on 5.7.1993. In the year 1996, the respondents advertised the posts of Medical Officer to be filled up on regular basis through the Haryana Public Service Commission. The petitioner was fully eligible. He was called for interview and, ultimately, he was selected as Medical Officer on regular basis and he joined the department w.e.f. 1.12.1997. The State of Haryana issued a notification on 27.1.2000 for admission to the MBBS and Post Graduate Courses. An entrance test was to be conducted for which respondent No. 2 was declared as the competent authority to conduct the test. Respondent No. 2 issued the Prospectus wherein the terms and conditions including the eligibility as well as the number of seats in the MD/MS courses were mentioned. As per the eligibility clauses, the HCMS doctors were eligible to appear in the entrance examination against the seats reserved for them subject to the condition that they were to submit a 'No Objection Certificate' before the last date of the receipt of the applications. The petitioner applied for grant of the 'No Objection Certificate' and, ultimately, the same was granted by the State Government, along with the other candidates, on 23.3.2000. As per the Prospectus issued by respondent No. 2, the test was to be conducted on 2.4.2000 at Guru Jambheshwar University. The said date was postponed and, ultimately, this test was conducted on 16.4.2000. The result of the test was declared on 29.4.2000 and the petitioner was placed at merit No. 1 in the HCMS Category. The counselling for the grant of admission was conducted on 8.5.2000. The petitioner appeared before the Counselling Committee. The petitioner being first in the merit list was called and he opted for the seat of MD Radiology. The petitioner was, however, informed that this seat could not be offered to him as this seat had already been given to respondent No. 4-Dr. Rajinder Kumar, on the basis of the judgment rendered by the Hon'ble High Court. Immediately after the counselling on 8.5.2000, the petitioner filed a representation to respondents 1 and 2 with regard to his claim for admission against the seat of MD Radiology for the year 2000. The respondents have not decided the representation. The course started on 15.5.2000. In these circumstances, the petitioner approached this court and sought the directions of the court mainly on the ground that sine he was placed at serial No. 1 in the merit list and as per the prospectus of the University one seat in Radiology was reserved for the HCMS quota, therefore, the petitioner has the right to claim that seat and the action on the part of the authorities in adjusting Dr. Rajinder Kumar was illegal and ultra vires and the action of the respondent-authorities is not binding upon the petitioner.

(3.) It is also the grouse of the petitioner that respondent No. 4 was to be adjusted in the Session 1999-2000 as per the directions of the High Court but he could not be adjusted against the seat of the Session 2000-2001. It may be mentioned here that for the year 1999-2000, the University gave the reserved seat of Radiology to one Dr. Radha Krishan by not considering respondent No. 4 for the seat. Respondent No. 4 approached the High Court and sought a declaration that he was eligible in the HCMS Category and he had more marks than that of Dr. Radha Krishan, therefore, the seat ought to have gone to him for the year 1999-2000.