ROHIT AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition No. 7594 of 2000 (Dr. Rohit Aggarwal and others v. State of Punjab and others) and Civil Writ Petition No. 7609 of 2000 (Dr. Shailja Gupta v. State of Punjab and others) in which common question of law and fact have arisen. The petitioners in both the writ petitions have prayed for issuance of a writ of mandamus directing the respondents to issue roll numbers to the petitioners so as to allow them to appear in MD/MS examination commencing on 6-6-2000 and declare the action of the respondents in withholding their roll numbers for the said examination as unconstitutional.

(2.) The State Government of Punjab has issued a notification dated 19-2-1997 for selection of students for admission to the three years Post-Graduate Degree Course for the session 1997-2000 in Government College, Patiala, Dental Colleges, Patiala and Amritsar by holding the Post-Graduate entrance test. The last date of admission fixed was September 30, 1997. At that time, the Government Medical College, Patiala was affiliated with Punjabi University, Patiala. On the establishment of Baba Farid University of Health Sciences, Faridkot, it came to be affiliated with the said university. Admission to the Post-Graduate Degree Course in Medical Sciences for the session 1997-2000 was challenged by various candidates in the Apex Court. During the course of hearing, which took place on 8-5-1997, counsel representing the Union of India stated that direction not to fill-up the vacancies in the Post Graduate Degree Courses in various Medical Colleges had caused hardships to the candidates who had challenged the admissions and for that reason it had been decided to hold a second counselling so as to give opportunity to the said candidates for their adjustment against the existing vacancies in Medical Colleges other than Gauhati Medical College. It was also submitted on behalf of Union of India that the said candidates may approach the Director General Health Services for follow up action. Accepting the stand of Union of India, the petition was disposed of vide order dated 8-5-1997 (Annexure-P.1). Dr. Ajay Kumar, Assistant Director General (ME), Directorate General of Health Services, Medical Examination Cel : Nirman Bhawan, New Delhi vide telegram dated 30-6-1997 has issued direction to the Principal, Government Medical College, Patiala not to fill up the vacancies Post-Graduate Courses under All India quota. In response to the said letter, the Principal, Government Medical College informed him that admission in the Post-Graduate courses had been made in June 1997 and classes have been started with effect from 1-7-1997. He was also informed that some seats under All India quota were lying vacant and the same may either be filled up amongst All India quota candidates or surrendered to the State quota immediately so that the work of hospital attached to the college may not suffer. It was also intimated that seats can be filled up to 31-8-1997. The Assistant Director General (ME) vide letter dated 14-8-1997 (Annexure-P) informed the Principal, Government Medical College Patiala that the vacancies under All India P. G. Quota 1997 stand surrendered to the college so as to enable to take necessary action in this regard. On receipt the said letter, admissions were granted to petitioner -- Dr. Rohit Aggarwal, Dr. Ramandeep Singh, Dr. Akash Juneja, Dr. Ravneet Singh Dhaliwal and Dr. Sushma (in C.W.P. No. 7594 of 2000) in the disciplines of MD (Medicine), MD (Anaesthesia), MS (ENT), MD (Skin and VD) and MD (Radio diagnosis) courses respectively. Petitioner Nos. 1 and 2 were admitted on 28-8-1997, petitioner No. 3 was admitted on 29-8-1997, petitioner No. 4 was admitted on 30-9-1997 and petitioner No. 5 was admitted on 15-9-1997. Dr. Shailja Gupta-Petitioner (in C.W.P. No. 7609 of 2000) was admitted in MD (Bio-Chemistry) on 29-9-1997. The petitioners completed 21/2 years of course study out of three years course in Government Medical College, Patiala. When the examinations were to commence, roll numbers were issued to the candidates for taking the examination on 2-6-2000 but the same were not issued to the petitioners. They learnt that roll numbers were not being issued to them on account of shortage of study period. As per the stand of the petitioners the period for training has been adopted by the Medical Council of India in January 1992 which was revised up to April 1993 as envisaged under the Indian Medical Council Act, 1956 (hereinafter referred to as Act of 1956). It is further stated by them that as per the directions contained in the letter dated 29-3-2000 Annexure-P.7) of the Registrar of respondent No. 2, State Government and the University had decided to hold the examination of the students admitted up to 30-9-2000 in the month of June 2000 subject to the condition that they had undergone and completed 3 calendar years training and the students admitted late would complete the remaining portion of the training after the completion of their examination. They further claimed that as prescribed by the Medical Council of India, they were required to attend minimum 80% of the attendance of the composite course spanning over three calendar years before they could be allowed to appear in the examination. The entire duration of the course, as per assertion made in both the petitions, works out to be 727 days and the petitioners have more than 80% attendance during the training period and thereby fulfilled the requirement laid down by the Medical Council of India. Terming the action of the respondents in not issuing the roll numbers to them as unconstitutional and arbitrary, they invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) When the petition came up for hearing on 3-6-2000 before another Bench of this Court, petitioners were allowed to appear in the Post Graduate Examinations commencing from 6-6-2000 on provisional basis.