DR. ASHWANI KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) THE common issues are involved in these petitions. Accordingly, the same are being disposed of by a common judgment. OWP No. 104/04:

(2.) THE petitioner in this case applied for his selection/admission to the post graduation course pursuant to the Advertisement Notice issued by respondent No. 3 in the year 2001. He participated in the selection process and declared successful in the open merit category. After counseling for allocation of discipline, he was given admission to diploma course in Paediatrics (DCH) in the Government Medical College, Jammu where the petitioner joined and had completed the course at the time of filing of this petition. In the year 2003, respondent No. 3 issued another Notification No. 50 -BPEE of 2003 dated 22.10.2003 invited applications for entrance test for admission to post graduation course in the Medical Colleges of the State. The petitioner again applied pursuant to the aforesaid Notification. Respondent No. 3 vide subsequent Notification No. 58 -BPEE of 2003 dated 03.12.2003 notified the list of candidates who were declared ineligible for entrance examination. The petitioner's name also figured in the list of such ineligible candidates. It is stated in the petition that the petitioner came to know that some similarly situated doctors whose candidature was declared ineligible approached this Court and some interim order was passed permitting them to appear in the entrance test. The petitioner and such other candidates have been declared ineligible in terms of SRO 364 of 2003 dated 21.10.2003.

(3.) THE petitioners in this petition applied for selection/admission to the post graduation course pursuant to the Notification No. 84 -CAEE of 2002 dated 27.12.2002 issued by respondent No. 4. All of them passed the entrance examination. On the basis of merit and choice for allocation of concerned discipline, they were allotted diploma courses. Petitioner No. 1 was allotted diploma in Anesthesia, which was later on adjusted against Pathology. Petitioner No. 2 was allotted diploma in Radio diagnosis. Petitioner No. 3 was allotted diploma in CAN. Petitioner No. 4 was allotted diploma in Pathology. Petitioner No. 5 was allotted MD Pharmacology. All of them joined their respective courses.