RAJENDRA VAISHNAV Vs. PRINCIPAL S N MEDICAL COLLEGE

JUDGEMENT

(1.) <DJG>ASHOK KUMAR MATHUR,J.</DJG> 1. Petitioner by this writ petition has challenged the admission of respondent No. 4 Dr. (Miss) Indira Prabhakar to the post graduate course in medicine.

(2.) PETITIONER is M.B.B.S. and sought admission to three years Residency System (for short the P.G. Course) devised for grant of post graduate degree and he was granted admission in M.S. Orthopaedic and was appointed as Resident House Officer. Nine seats in the various specialities in the post graduate were created and applications were invited by the notice dated 9 -9 -1985. Medicine was not included in the nine specialities which were invited by the notifications dated 2 -9 -1985. In the process of re -shuffling in pursuance of the nine specialities Dr. (Mrs.) Bela Ranka who initially was granted admission to post graduate course in Medicine got the speciality in Gynaecology thereby causing one vacancy in the Medicine. In place of this vacancy one Dr. (Miss) Indira Prabhakar who is said to have less marks in the M.B.B.S. than the petitioner was selected Aggrieved against this the petitioner has filed this writ petition.

(3.) MR . Mridul, learned counsel for the petitioner submitted that the vacancy of medicine was not specified in the notification dated 2 -9 -1985, therefore, petitioner had no occasion to apply for that vacancy. He further submits that in the original preference given by the petitioner he has given medicine as his first preference and he had obtained more marks in his M.B.B.S. examination than the respondent Dr. (Miss) Indira Prabhakar. Thus if at all the original preferences are to be considered, then the petitioner has a prior claim than the respondent. He has also submitted two affidavits of the persons who had higher marks in the M.B.B.S. than the petitioner, viz., Mr. Anil Kothari and Mr. Ish Dhammi who have submitted that they are not interested in the Medicine. Therefore, Mr. Mridul submits that the petitioner has a prior claim for admission for the post graduate classes in medicine than the respondent.