ANURAG GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, after passing the M.B.B.S. Examination in the year 1986 from Dr. S.N. Medical College, Jodhpur, completed his internship and got himself registered with the Medical Council of Rajasthan in the year 1988. He did his Housemanship from Guru Teg Bahadur Hospital, Delhi in Surgery and Casuality [Orthopaedics). He did his Housemanship in Surgery for a period of five months Since August 1, 1988 to December 31, 1988 and for 7 months (1 month in Surgery and 6 months in Orthopaedics) in the Department of Casualty since January 1, 1989 to July 31, 1989. After completing his Housemanship in Surgery and Orthopaedics in response to the notice dated April 2,1990, he applied for admission to II -year Residency Course in Pathology under the Three Years Resinency Programme, 1988. This application of the petitioner, alongwith other candidates, viz., Dr. N.K. Vaidhya and Dr. S.P. Vyas was considered and as the petitioner had not completed one year Housemanship in the subject of Pathology or six months Housemanship in the same Department and the remaining period in an allied department, he was, therefore, not found eligible for admission in the II -Year of Post Graduate Course of Pathology and, therefore, he was declined admission. Dr. N.K. Vaidhya and Dr. S.P. Vyas, who are in the merit list above the petitioner, were, also, declined admission as they were, also, not found eligible by the Board. Dissatisfied with the rejection of the application and not admitting the petitioner in the Course of II -Year Residency of Pathology under the Three Years Residency Programme, 1988, the petitioner has filed the present writ petition. Heard learned Counsel for the Parties.

(2.) THE short question, which requires consideration in the present case is : whether the petitioner was eligible for admission in the II -Year Post Graduate Course of Residency of Pathology under the Three Years Residency Programme, 1988.

(3.) THE petitioner has, also, placed reliance over the recommendation of the Medical Council of India on Post Graduate Medical Education. The case of the petitioner is that as per the criteria laid down by the Medical Council of India for the selection of the candidates of the Post -Graduate studies, a candidate is required to have done one year's Housemanship prior to the admission in the Post Graduation Course/Diploma Course and the Housemanship should be for one year in the same subject or atleast six months in the same Department and the remaining six months in an allied department, provided that in the Departments like Radiology/Anaesthesiology/Physical Medicine and Rehabilitation where suitable candidates, who have done Housemanship in the respective subject for the respective speciality are not available then the Housemanship in Medicine and/or in Surgery may be considered as sufficient. The case of the petitioner is that as the suitable candidates, who have done Housemanship in the subject of Pathology were not available and as the petitioner has done one year's Housemanship in Surgery and Casuality (Orthopaedics), therefore, he was eligible for his admission in the II -year of 3 years Post Graduate Residency Course in Pathology as the Department of Pathology is akin was like the Departments of Radiology, Anaesthesiology, Physical Medicine and Rehabiliatation. The main stress of the argument of the learned Counsel for the petitioner is that the Department of Pathology is, also, like the Departments of Radiology, physical Medicine and Rehabilitation. I have considered this aspect of the case, also.