SANJAY KUMAR SINHA Vs. STATE

JUDGEMENT

(1.) This is one more instance where in spite of directions given by the Supreme Court in 1987, the State Government, for reason which it termed as "larger interest", have issued prospectus for Post-Graduate Medical Admission Test, 1989 informing that for the purpose of admission inter alia, the candidate must complete twelve months of house joblatest by 31st May, 1989. This is in regard to admission to post-graduate courses which in terms of the orders of the Supreme Court must commence on 2nd May 1989. It was also stated that the candidate who are not expected to complete twelve months of house job by 31st May, 1989 are not eligible to appear at the test.

(2.) The petitioners have filed this writ petition in which they have prayed for issuance of an appropriate writ/order commanding the State of Bihar to start Post-Graduate courses in medical science from 2nd May, 1989 and not to extend the eligibility date for completion of twelve months house job/housemanship up to 31st May, 1989 in view of the directions of the Supreme Court given in CMP No. 7667 of 1987 on 25th Sept. 1987 : Dr. Dinesh Kumar v. Moti Lal Nehru Medical College : (Writ Petn. No. 348-52 of 1985) : (1987) 4 SCC 459 :

(3.) A number of writ petitions were filed in the Supreme Court raising the question whether the admission in a medical college or any other institution of higher learning situate in a State can be confined to those who have their domicile within that State for specified number of years. The Supreme Court disapproved such wholesale reservation of all seats for M.B.B.S. and Post-Graduate specialities and observed :