RAMESH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Through this petition, the petitioner, Dr. Ramesh Chand, claims M. S. (Surgery) seat in Indira Gandhi Medical College, Shimla. He is G. D. O, H, P. H. S. candidate and is at Serial No. 1 on the waiting list of candidates falling in this category.

(2.) For admission to the M. S Degree (Surgery) Course 1990 -91/92, there are only two seats. Out of them, one seat against 25 per cent quota is to be filled on the basis of All India Entrance Examination and the other seat, falling to the share of State, on the basis of competitive examination conducted by Himachal Pradesh University. This year, as per the roster under Clause 3.5 of the Prospectus, two seats have fallen to Group -B, G. D. O (H. P. H. S.) candidates. Since there was only one seat available to the State quota, only one candidate from G D. O. (H. P. H. S.) category could be admitted to the Course. Since the Government of India has not nominated any candidate against Group -A 25 per cent quota, the claim between the parties is, therefore, in respect of this seat which, they say, should be filled up so that it does not go waste especially in this State where there is great need of better qualified doctors.

(3.) The sole question for determination in this petition is whether this seat should be given to the petitioner or to the sixth respondent or to any other candidate. Before deciding this question, it is important to take note of facts which have been noticed during the various stages of this case.