MAHENDRA KUMAR BHADU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE restricted number of seats of various disciplines specialities in Post Graduate Medical Courses in MD/ms deprive several students to get admission or the speciality of their choice on merit. So,whenever a vacancy occurs due to non-joining or resignation by a student, the candidates who failed to get admission or the speciality of their choice on merit rush to this court under Article 226 of the Constitution. THE present petition depicts the same problem. This court often comes across such problem and it needs proper guidelines in the matter.

(2.) POST-graduate medical degree course is a technical/academic course of super speciality,where emphasis had always been on merit. In Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad (1), it was observed that if you want to produce doctors, who are MD or MS, particularly Surgeons, who are going to operate upon human beings, it is of utmost importance that the selection should be based on merit. Learned Judges have gone to observe that no weightage should be given to a candidate for rural service rendered by him for admission to post-graduate courses.

(3.) CLAUSE (Vll) deals with examination and assessment. It provides that the progress of the work of the candidate shall be assessed periodically by the respective guides and reports submitted to the Head of the Institution through Head of Department at the end of every six months. In case the report indicates that a candidate is incapable of continuing to do the work of desired standard and complete it within the prescribed period, the Head of the Institution may recommend cancellation of his/her registration at any time to the University. The examination in MD/ms consist of (a) thesis or dissertation; (b) written papers; (c) clinical. oral and practical examination, as the case may be.