DR. SUMAN BHASKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Issues raised in CWP No. 8334 of 1997, CWP No. 8610 of 1997, CWP No. 8392 of 1997, CWP No. 8259 of 1997, CWP No. 8609 of 1997 and CWP No. 8158 of 1997 are identical. Counsel appearing on either side agreed to have all these petitions disposed of by a common judgment. Accordingly, we are passing this common judgment.

(2.) The short question that arises for consideration in these writ petitions is whether the selection of candidates for Post Graduate Degree/Diploma course in Medicine from among H.C.M.S. candidates is in conformity with the instructions contained in prospectus issued for the entrance examination for 1997. Petitioners and contesting respondents are member of HCMS. After obtaining the 'no objection certificate' from the Government they took entrance examination held on 4-5-1997. All the above candidates secured more than 20% marks in the entrance examination. Contesting respondents who secured lower rank in the merit list prepared on the basis of marks in entrance examination were admitted to the course while petitioners who were in higher merit in the entrance examination were denied admission. This was so done on the basis of Annexure 3 memo No. 31/3/96-IHB I dated 21-5-1997 issued by the Commissioner and Secretary to Govt. of Haryana, Health Department. Basing on provision contained in the said memo, contesting- respondents have been admitted to the various post-graduate course. The admission so given is under challenge.

(3.) Prospectus issued by the Director of Post Graduate Institute of Medical Sciences, Rohtak, for admission to M.D/M.S./P.G. Diploma entrance examination for 1997 courses was made available to us. As per that prospectus, last date of receipt of application was 21.3.1997 and date of entrance examination was 4-5-1997. Parties to these proceedings after securing 'no objection certificate' from the Government filed their applications on or before 21-3-1997. They took the entrance examination which was held on 4-5-1997. Result of that examination was published on 8.5.1997. List of HCMS category candidates who qualified in the written test for admission in the Post Graduate courses, in the order of merit, was published by the University. A copy of the merit list is marked as annexure P/2. Contesting-respondents who were given admission are not ranked higher in the said merit list. Petitioners have secured higher ranks in that list.