RAJESH KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Apprehending that instructions issued by the State Government Annexure P4 would also be applicable to the petitioners and they would be deprived to take entrance test for M.D.S. Course, the petitioners who had passed B.D.S. Course without doing House Job have approached this Court for issuing directions to quash the aforesaid instructions Annexure P4 and allowing admission to the petitioner, in 1991-92 session, who are otherwise eligible as per instructions prevalent. The matter was earlier considered by the Supreme Court in Dr. Dinesh Kumar and others v. Moti Lal Nehru Medical College, Allahabad, 1987 4 SCC 459. Noticing that in different States different courses were being conducted for post-graduate course, a direction was given for admission beginning from 1993 that there would be only one pattern, namely, a three-year course without any housemanship. All Universities and institutions were required to take timely steps to bring about such amendments as may be necessary before the end of 1991. It was in compliance to the aforesaid directions of the Supreme Court that instructions were issued on November 23, 1990 Annexure P3 providing three years M.D.S. Course. The clause relating to eligibility with respect of in-service P.C.D.S. doctors is as under :-

(2.) The contention of petitioners is that the instructions contained in Annexure P4 should not be made applicable as the examination under instructions Annexure P3 has already been held and persons like the petitioners who had passed B.D.S Course without House Job would be eligible to take the fresh test conducted under the instructions Annexure P4.

(3.) The stand of the State of Punjab in the written statement is contradictory. While admitting the contents of para 3 of the writ petition, it was stated that the petitioners would not be eligible for admission to M.D.S. Course as they do not fulfil the requisite qualifications i.e. one year House Job which was absolutely necessary for admission to the Course as laid down in the prospectus of the Punjabi University, Patiala in 1991. In subsequent sub-para (iv) of para 4 the stand taken is that the instructions now issued (Annexure P4) in accordance with the decision of the Supreme Court are applicable to admission of 1993. Any admission before that has to be in accordance with the Rules framed by the State Government. This indicates that the instructions Annexure P4 are to apply to the admissions to be made in 1993 and not for the session of 1991-92. The prospectus which was issued by the Punjabi University, Patiala who was entrusted with the task of holding entrance test provides eligibility clause (b) in Annexure R1 which is in the same words as clause (b) in Annexure P4 instructions which are impugned.