NAVIN VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners in all these writ petitions are medical graduates holding a degree in Bachelor of Medicine and Bachelor of Surgery commonly known as MBBS, who appeared in Post Graduate Entrance Examination for admission into M. D. /m. S. Courses in the year 2000 which was held by the State of Rajasthan. THE examination was conducted in accordance with Ordinance 278-E and 278-G of the University of Rajasthan and the instructions contained in the Ordinance were issued by the University of Rajasthan for guidance of the candidates who were to appear in the Pre P. G. Entrance Examination. After the declaration of the result of this examination, all these petitioners found place in the merit list and were offered subjects for admission into P. G. course on 4. 05. 2000 as per their position on the merit list.

(2.) ORDINANCE 278-E & G of the University of Rajasthan, however, grants liberty to the P. G. students of M. D. /m. S. /diploma to change their subjects known as reshuffling meaning thereby that if a candidate does not accept a particular subject which is offered to him as per his merit and the seat is left vacant, the said seat would be offered to the next candidate who is eligible for the subject as per his position on the merit list. This process is undertaken as per the preference given by the candidates at the time of filling the application form while appearing in the P. G. Entrance Test. However, the ORDINANCE also places an embargo by putting an end to reshuffling after a period of two months as it is clearly incorporated in the ORDINANCE that the vacancies due to non-joining of the candidates in a particular subject within the stipulated time shall be filled up by reshuffling on the basis of merit-cum-preference list and the resultant vacancies which cannot be filled by reshuffling shall be filled by taking candidates from the waiting list on merit- cum-preference basis at the earliest but not later than two months from the date of initial allotment. The ORDINANCE further stipulates that no admission shall be made after two months from the date of initial allotment even if any vacancy is left unfilled or any vacancy occurs subsequently. It is perhaps relevant to state at this juncture that the maximum limit of two months which is incorporated in the ORDINANCE was earlier six months but by virtue of an amendment in the ORDINANCE it has now been reduced to two months.

(3.) ON a perusal of the aforesaid Ordinance it is more than apparent, even by simple calculation that the initial selection having been made on 4. 05. 2000, the embargo of two months period expired on 4. 07. 2000 and the reshuffling of seats having taken place on 29th and 30. 05. 2000 after which several seats in various subjects fell vacant, the denial of those seats to the candidates existing in the waiting list can hardly be said to justified. A perusal of the Ordinance clearly indicates that there is no embargo on frequency of reshuffling in the sense that if one reshuffling had taken place, it is nowhere stated that a second reshuffling would not take place; rather the entire emphasis of the Ordinance is that the vacant seats should be filled up by allowing admission to the candidates from the waiting list provided this exercise is not undertaken beyond a period of two months to be counted from the date of inital selection. It is not in dispute that the initial selection took place on 4. 05. 2000 and it is also undisputed that a reshuffling of the seats took place on 29th and 30. 05. 2000 after which seats were still left vacant in different disciplines which means that seats after reshuffling were available with the respondents even before the expiry of two months period counted from the date of initial selection. If that was so, the denial of admission to the candidates in subjects of their choice as per their merit-cum-preference is difficult to understand even taking into account the relevant provisions of Ordinance 278-E and G since the only embargo is that the change of subjects or reshuffling should not be allowed to take place beyond a period of two months.