Y P SHARMA Vs. STATE

JUDGEMENT

(1.) PETITIONERS are Demonstrators in the department of Microbiology and Preventive and Social Medicines. They were candidates for selection to the MD/MS Course in response to notification No. 2/PG/CAEE of 1992 dated 24 -4 -1992. It appears that one of the disciplines they had opted for was Radiology in which they were not selected as the last candidate selected in this discipline had obtained 187 marks as against 156 marks obtained by petitioner No.1 and 142 by petitioner No.2. It further seems that private respondents 5 to 7 had also taken the entrance examination conducted by the Competent Authority in 1992 and had obtained 160, 156 and 126 marks respectively. Be that as it may, it transpires that the Principal of the Govt. Medical College, Srinagar, recommended the case of private respondents 4 to 7 for their admission in MD Radiology in Jammu Medical College because of the shortage of specialists in the discipline of radio diagnosis and Imaging in the Kashmir valley. These respondents consequently made this as basis and filed writ petition in this Court and obtained orders for grant of provisional admission in Jammu Medical College. Respondent No.4 did so vide court order dated 3 -12 -1994 passed in SSWP No. 300/94; respondent No.5 under order dated 31 -5 -1993 in OWP No. 301/92; respondent No.6 under order dated 21 -7 -1994 in OWP No. 145/94; and respondent No.7 under Court order dated 7 -9 -1993 in SWP No. 1394/93. These court orders were later followed by Govt. Orders No. 840 -HME, 841, 842 and 843 -HME of 1993 all dated 24 -11 -1993 according sanction to the nomination of private respondents 4 to 7 for undergoing post -graduate course in Radio Diagnosis and Imaging, in Govt. Medical College, Jammu "on the basis of the recommendation of the Principle, Medical College, Srinagar."

(2.) ALL these Govt. orders are under challenge in this petition and the case of the petitioners is that official respondents have nominated respondents 4 to 7 to the PG Course in question illegally, arbitrarily and in violation of the provisions of SRO -3 of 1989 (J&K Govt. Medical Colleges - Selection of Candidates for Post -graduate courses Procedure Order). The plea is supported by stating that respondent No.4 could not have been nominated as he had not taken the entrance examination held by the Competent Authority pursuant to notification No. 2 of 1992 and that respondents 6 & 7 had lower merit than them. They accordingly pray for quashing the selection of respondent 4 to 7 to the PG course in Radiology and for directing respondents 1 to 3 to grant admission to them in this course.

(3.) IN the objections filed on behalf of the official respondents which are supported by the affidavit subscribed by the Under Secretary, Health & Medical Education Deptt., it is explained that private respondent 4 to 7 were, prosecuting the PG Course in Radiology and Imaging in Jammu Medical College pursuant to the court orders passed in their writ petitions and that they were nominated for this Course on the basis of the past practice and on the recommendation of the Principal Medical College, Srinagar, taking in regard the shortage of specialists in the discipline of Radio Diagnosis and Imaging in Kashmir valley. It is further pointed out that the controversial order was made in relaxation of the rules. The answering respondents have placed on record orders of such nomination passed by the Government in previous years and also the merit position of the petitioners vis -a -vis respondents 5 to 7 in the entrance test held by the Competent Authority in the year 1992 which shows that only respondent No. 7 had obtained lower marks than the petitioners.