DEVENDRA SINGH S/O BABU LAL YADAV Vs. STATE OF RAJASTHAN THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL & HEALTH, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) The issue in the petition is that as to whether the petitioners are entitled to be considered for admission into MD/MS seats which have become available for reason of some of the admitted candidates resigning the seats they were admitted to after the conclusion of second round of counselling in respect of State quota seats including those reverting from the All India Quota on 20-5-2017.

(2.) Mr. Ashwini Jaiman has submitted that subsequent to second round of counselling for admission into State Quota seats on 20-5- 2017, certain candidates admitted in post graduate medical courses have resigned for reason of their admission into Diploma of National Board (DNB), which is more prestigious course. It has been submitted that thus such available seats should be open for admission to the candidates such as the petitioners who have already admitted in various other post graduate courses following the first and second round of counselling. If this were not done, less meritorious candidates would be considered and be admitted on the vacant seat in the more prestigious post graduate medical courses through the proposed mop up admissions to the unfair non consideration and exclusion of the petitioners admittedly more meritorious. That would be anathema to the principle of merit for admission in post graduate medical courses.

(3.) Mr. S.K. Gupta, AAG appearing for the State and Mr. Angad Mirdha appearing for the MCI submitted that there has to be terminus to the admission process in medical courses including at the post graduate level in terms of the judgment of the Apex Court in the case of Ashish Ranjan Vs. Union of India, 2016 11 SCC 225. It was submitted that no doubt merit is an important criteria for admission into post graduate medical courses, but it cannot be sole criteria and procedure prescribed therefor, for the purpose of commencement of medical courses in the prescribed time frame has to be necessarily adhered to. Were the time lines for completion of admissions in post graduate medical courses as mandated by the Apex Court (31st May) were to be violated in an unending search of merit for every vacant seat, no matter when/ how it arises, the process would be never ending and deleterious to medical education and hence public interest. It was submitted that the petitioners have admittedly participated in two rounds of counselling and have been allotted seats in various disciplines in post graduate medical courses.