SAMIKSHA SINGHAI Vs. CENTRAL INSTITUTE OF PSYCHIATRY

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 19.09.2017 (Annexure-6 to the writ petition) whereby the petitioner's representation filed pursuant to the order dated 24.08.2017 passed by this Court in W.P. (C) No. 4105 of 2017 has been rejected.

(2.) The factual background of the case, as stated in the writ petition, is that the petitioner after completion of her MBBS course, participated in NEET-2017 in order to get admission in Post Graduate course. She qualified for On-Line Choice Filling Process-Eligible for UR Seats for All India Quota Seat/Counselling. Vide admission letter dated 27.03.2017, issued after Round-1 of the counselling procedure, the petitioner was allotted the course of Diploma in Psychological Medicine at the Central Institute of Psychiatry (CIP), Ranchi under UR category. She joined the CIP as Junior Resident in the course of Diploma in Psychological Medicine on 09.05.2017. She appeared in the mop-up round held on 26.5.2017 and was placed second in the waiting list. She requested the Director of the respondent-Institute for allotting the said vacant seat in her favour. She wrote a letter dated 20.06.2017 to the Director, CIP, Ranchi informing that the seats in the course of Doctor of Medicine Psychiatry are lying vacant and unclaimed under SC/ST quota. Again on 05.07.2017, the petitioner wrote a letter to the Director, CIP, Ranchi informing that a seat under UR (Unreserved) category in the course of Doctor of Medicine, Psychiatry has become vacant due to resignation of an UR candidate from the said seat and also requesting that her case may be considered and the said seat may be allotted in her favour. However, her representation to that regard was kept pending and thus she preferred a writ petition being W.P.(C) No. 4105 of 2017 before this Court with a prayer to grant admission to her in the course of Doctor of Medicine, Psychiatry as 4 seats in the said course are lying vacant. The said writ petition was disposed of on 24.08.2017 directing the respondent to follow the procedure as laid down by the Honourable Apex Court in the cases of Priya Gupta Vs. State of Chhattisgarh reported in (2012) 7 SCC 433 and Anna George Vs. Medical Council of India reported in (2014) 10 SCC 767 and take necessary action to fill up the vacancies as per the merit by 30.09.2017. Pursuant to the order dated 24.08.2017, the petitioner made representation before the respondent-Institute and when the said order was not complied with, she preferred a contempt petition being Cont. Case (C) No. 726 of 2017 which is still pending before this Court. In the meantime, the respondent-Institute vide order dated 19.09.2017, rejected the representation of the petitioner stating that in view of the guidelines laid down by the Honourable Apex Court in the case of Ashish RanjanOrs. Vs. Union of IndiaOrs. reported in (2016) 11 SCC 225 [W.P.C No. 76 of 2015], the time frame for admission to the medical courses is 31st May of the relevant year and thereafter no admission can be accepted.

(3.) The learned counsel for the petitioner submits that the Honourable Supreme Court vide order dated 04.09.2017 passed in W.P.(C) No. 743 of 2017, had extended the time for filling up the vacant seats in super-specialty course till 14.09.2017 and thus in the case of the petitioner also, the time should be extended at least till 14.09.2017. The respondent-Institute is under obligation to publicise the vacancy of all the courses in the Institute so that the seats should not remain vacant, but no such notice has been published. The petitioner was placed second in the waiting list and the person who was placed first in the waiting list, has already joined another institute and as such the respondent could have granted admission to the petitioner. However, the respondent did not comply the order of the Honourable Supreme Court and now the time frame has expired and the petitioner has been made to suffer. There is serious shortage of qualified professionals in the field of psychiatry in our country, yet the seat in MD (Psychiatry) is lying vacant despite availability of the deserving candidates like the petitioner.