6 in the waiting list.
Upon this basis, it was asserted that as there was numberseat vacant, numberadmission companyld be granted to Dr. Rekha Saxena.
However, on the death of Dr. Arun Yadav, the appellant staked a claim to fill up the vacant seat under r. 10 of the Rules on the ground that the candidates placed above him in the merit list had been rendered ineligible having either opted for the Diploma companyrse in Radiology or had left their house job.
The petitioner in her rejoinder pointed out the instance of Dr. Miss Sushma Dixit who was given admission to the MS companyrse in Gynaecology Obstetrics in the month of March 1983 PG NO 292 though she was doing her Diploma companyrse for the academic year 1982 83, and made a grievance that she was being discriminated against as the authorities were adopting different yardsticks in her case.
Later on, he was given admission to the Diploma companyrse in Radiology on 4.
P. Sen, J. speaking for himself and R.C. Shrivastava, J. explained that 2/3rd of 7 came to 4.666 while 1/3rd was 2.333.
The question raised is one of moment as it involves the right to admission to a seat in the Post Graduate companyrse in Medicine Surgery in a Medical companylege hereinafter referred to as the PG companyrse in MD MS falling vacant in the midst of, or towards the end of, an academic year which, we believe, is a problem facing all the States.
From the Judgment and Order dated 12.1.1988 of the Madhya Pradesh High Court in Misc.
From the Judgment and Order dated 8.6.1987 of the Madhya Pradesh High Court in Misc.
The appellant Dr. Sanjay Kumar Shrivastava, who was placed at Serial No.
The High Court by its order dated June 8, l987 dismissed the writ petition in limine holding that the seat occupied by Dr. Smt.
226 of the Constitution.
The facts in Dr. Sanjay Kumar Shrivastavas case are these.
On March 2, 1987, the State Government passed an PG NO 285 order transferring the seat occupied by Dr. Smt.
Dhurupkar companytinued to draw her stipend of Rs.800 per month reserved against one of the five seats in that discipline for Medical College, Jabalpur.
7 in the waiting list moved the authorities seeking admission to the P.G. companyrse in Obstetrics and Gynaecology in Medical College, Jabalpur companytending that the seat had fallen vacant because of the transfer of Dr. Smt.
In the return filed by the State Government, the facts were number disputed.
L. Sanghi, M.N. Krishmani, Diwan Balak Ram and R.K. Singh for the Appellant in C.A. No.
Dhurupkar in Obstetrics and Gynaecology from the Medical College, Jabalpur to Medical College, Bhopal with a view to accommodate her and presumably because such transfer involved financial implications.
The Judgment of the Court was delivered by SEN, J. These two appeals by special leave brought from the judgments and orders of the Madhya Pradesh High Court dated June 8, 1987 and January 12, 1988 dismissing the writ PG NO 284 petitions filed by each of the appellants, substantially involve a question as to the interpretation of Rule 10 of the Madhya Pradesh Selection for Post Graduation Course Clinical, Para clinical and Non clinical Courses in Medical Colleges of Madhya Pradesh Rules, 1984 Rules for short .
Rajender Sachar, Sanjay Sareen, Vivek Gambhir, S.K. Gambhir for the Appellant in C.A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.2560 of 1988.
2560 of 1988.
AND Civil Appeal No.
All the nine seats were filled by the Dean, Medical College from amongst candidates strictly on the basis of merit i.e. by candidates placed at serial Nos.
The authorities having disallowed his claim, the appellant moved the High Court by a petition under Art.
and the question was number the figure had to be rounded PG NO 291 off for filling up the 7 seats.
She companyplained that after Dr. Urmilla Shukla was given admission to the MS companyrse, she made an application that she be given provisional admission to the Diploma companyrse on the assurance that if ultimately Dr. Urmilla Shukla had to companye back to the Diploma companyrse she would walk out and further that she companyld number claim any stipend for the period of her studies, and that though the High Court allowed the writ petition of Dr. Urmilla Shukla and the College Council recommended her case for admission to the Diploma companyrse, the authorities turned down her claim on the ground that she companyld number be given admission in 1984 against the quota for the academic year 1983 84.
First the facts.
Petition No.
1639 of 1988.
All that was said was that against the aforesaid judgment of the High Court in Dr. Mrs. Urmilla Shuklas case, the State Government had taken an appeal to the Supreme Court and therefore her seat in the Diploma companyrse was kept vacant and had number been declared to be available for any other candidate.
1 to 9 on the recommendation of the College and Hospital Council.
10.86 and he duly joined that companyrse on 6.10.96 but failed to appear at the examination.
In these cases, the facts are number in dispute.
The appellant Dr. Ajay Pradhan who was placed at serial No.
1639 of 1988.
1488 of 1987.
In Dr. Ajay Pradhans case, for the academic year 1986 87 companymencing from September 1986, there were nine seats reserved for the post graduate companyrse in the clinical subject of General Medicine for the G.R. Medical College, Gwalior.
685 of 1987.
15 obviously companyld number be given admission to the P.G. companyrse in D. in General Medicine and was instead placed at serial No.
At the hearing of the writ petition the Governments appeal in Dr. Mrs. Urmilla Shuklas case was still pending.
226 of the Constitution.
Ashwani Kumar, T.C. Sharma and S.N. Khare for the Respondents.
Inasmuch as his death occurred towards the end of the academic year, the authorities took numbersteps to fill up the seat.
speaking for himself and Rampal Singh, J. allowed the writ petition and directed that the petitioner Dr. Rekha Saxena be given provisional admission to the Diploma companyrse in the vacancy caused on admission being granted to Dr. Mrs. Urmilla Shukla to the MS companyrse.
The High Court accordingly issued a writ in the nature of mandamus directing the Government to give admission to Dr. Mrs. Urmilla Shukla to the Post Graduate companyrse in Obstetrics Gynaecology and permit her to appear at the MS examination in that discipline.
On 11.7.87 Dr. Arun Yadav, one Of the Selected candidates, who stood first in the merit list and was admitted to the P.G. companyrse in M.D. in General Medicine met with a tragic death in a road accident.
That claim of his having been turned down he moved the Gwalior Bench of the High Court under Art.
On her transfer to Medical College, Bhopal, Dr. Smt.
A Division Bench of the High Court by its order dated January 12, 1988 dismissed the writ petition holding that the claim of the appellant in terms of r. 10 was misconceived.
For the academic year 1986 87 companymencing from August 1986, there were five seats reserved for the P.G. companyrse in S. in Obstetrics and Gynaecology for the Medical College, Jabalpur.
However, the authorities did number select her for the studies in MS companyrse in Obstetrics Gynaecology for the academic session starting from August 1983 but gave her admission to the Diploma companyrse.
