PRADEEP BHATIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE reduction of seats in the Medical Colleges in Rajasthan in the Post Graduate Courses (here in after to be referred as 'the P.G. Courses') from 359 to 301 and specially the reduction of such seats in Jodhpur Medical College from 67 to 49 has caused grievance to the petitioners in these two writ petitions and they have filed these writ petitions under Article 226 of the Constitution of India with the prayer that the respondents may be directed to quash the order of reduction of seats in Medical Colleges for the PG Courses and to provide admission in the PG Courses on the number of seats which were available last year.

(2.) AS the point involved in both the writ petitions is the same, we propose to dispose them of by one common order. As the numbers of Exhibits in the two writ petitions are different, the number on the exhibits in Writ Petition No. 1192/88 are referred.

(3.) IN reply to the show cause notice issued to the respondents, the maintainability of the writ petition has been challenged on the ground that there is no illegality or invalidity in reducing the seats of the PG Courses at various Medical Colleges in Rajasthan because such reduction in the PG seats was done by the Government only after considering the commence -mentations of the Committee appointed to suggest future policy for the PG Courses in various specialities of Medical Science in Rajasthan. That, the act of the Government is only administrative action and does not call for any interference by this court in exercise of its extra ordinary jurisdiction. That the number of Units and the number of beds available in each speciality in each College were taken into consideration while reducing the seats. Regarding the representation in the Committee it has been stated in the reply that the Committee gave opportunity to the Resident Doctors to represent their case and the representatatives of the CAS, the PG Doctors appeared before the Committee and stated their case. That, it was at the recommendation of the Committee that the PG Seats in all Medical Collegee in Rajasthan were reduced from 359 to 301. That, the Committee considered the need of various Degree/Diploma Courses and number of the PG seats required in the State and opined that the annual need of the PG Doctors in the State would approximately at best be 300. That, the Committee was also required to consider the question of the amount of stipend payable to the Resident Doctors and the recommendation for the increase in the amount of stipend payable to the Resident Doctors was also in view while reducing the seats for the PG Courses. That, after the recommendation of the Committee, some minor adjustments were made in some of the Banches in some Colleges keeping in view the PG Training facilities at such Colleges. That, there is only one sanctioned Unit in each of the speciality of Orthopaedic and Ophthalmology in the Dr. S.N. Medical College, Jodhpur. The details of the Units and the PG Staff have been given in Para 10 of the reply filed in Writ Petition No. 1192/88, and a comparative statement of speciality wise Unit and allocation of the PG Seats in 5 Medical Colleges in Rajasthan has been given in Annexure R/3 filed with the reply.