AJIT KUMAR NEGI Vs. STATE OF H.P.

JUDGEMENT

(1.) With the consent of the parties, this petition is taken up for consideration and final disposal today itself, without formally admitted it to hearing.

(2.) The maxim, the golden rule, that merit cannot and should not be converted into de-merit and that by an executive fiat merit cannot be wiped out, is glaringly noticeable in the present case.

(3.) The Petitioner Dr. Ajit Kumar Negi and Respondent No. 5 Dr. Rajinder Kumar Negi both medical graduates and members of the Himachal Pradesh Health Service participated in the Entrance test conducted and organised by Respondent No. 4 for and on behalf of Respondent No. 1 for filling up the seats in the Post Graduate Courses in the Indira Gandhi Government Medical College, Shimla (IGMC, for short) for the academic session 2002-2004/2005. The intake of the students in the Post Graduate Courses was in two categories; in-service officers belonging to the Himachal Pradesh Health Service (HPHS-I) and the candidates belonging to the direct recruitment quota. In Clause 3.4 of the Prospectus, it was clearly mentioned that in so far as the Degree Courses were concerned, there was a total number of 30 seats available and the distribution of the seats was amongst the general category candidates, and the candidates belonging to the SC and ST categories, both with respect to HPHS-I and the direct entry candidates. As far as the ST category is concerned, only one out of the aforesaid 30 seats was reserved for this category and it was specifically mentioned in the table following Clause 3.4 that this seat was in skin and VD speciality.