SUNIL KAPOOR Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The petitioner applied for admission to the Post Graduate Course of M.D. in Pediatrics to Government Medical College, Patiala. After the selection had been made the petitioner filed an affidavit before the College authorities that Dr. Harminder Singh Virk, who had been offered the only vacant seat was in Canada with the result that the seat was being offered to the person who could not present himself as he was not in India. On the basis of the information supplied by the petitioner in his affidavit, the petitioner was admitted to the Post Graduate Course of M.D. in Pediatrics and he joined duty on January 31, 1983. The principal Medical College, Patiala, issued order dated February 2, 1983, (P-3) which reads :-

(2.) The petitioner has assailed the order P-3 in the present writ petition.

(3.) The learned counsel for the petitioner has argued that the petitioner has since been admitted and keeping in view the hardship caused to him, the Medical College authorities should create another seat to enable the petitioner and Dr. Vivek Bagga respondent No. 4 to complete the course in M.D. Paediatrics. The contention is without merit. The decision in the matter of creating another seat is to be taken by the Medical College authorities by their own discretion and no direction in this regard can be issued to them.