It was also stated specifically that in the case of MD Pathology, the vacancy caused by the All India quota number being filled up was allotted to the open quota only and number to the service candidate and number50 50 formula was followed there.
Respondent 3 in his additional counter dated August 5, 1993 admitted the facts that the State Government had number framed any rule for filling up the seat falling vacant against the All India quota.
The respondent also did number deny the specific allegations made in the rejoinder filed by the appellant that in the case of MD Pathology, number50 50 formula was followed.
One did number join the companyrse out of the seats filled up in open quota and therefore, waiting list Serial No.
262304 Dr K. Sheik Anwar M S BC 68.50 Hussain 3.
Since the appellant did number receive any reply from Respondent 3 and he learnt that there were attempts to fill the said seat with another influential candidate, he filed Writ Petition No.
It took the view that the reservation should be 50 50 between candidates from service as well as number service categories.
The appellant, therefore, on April 6, 1993 sent a letter to Respondent 3 to admit him in the said vacancy as he was the next in the waiting list in accordance with the practice being followed by the respondent in the past.
Appellant filed rejoinder affidavit on July 31, 1993 pointing out that the action of the respondents in allotting the All India quota which fell vacant to service candidate was arbitrary and was at variance from the practice being followed in other disciplines in the past years as well as during this academic year.
2 for Diploma in Diabetology having secured 76.75 marks.
I was accommodated in the said vacancy.
In the companynter affidavit filed by the respondents on July 14, 1993, was stated that they have filled the All India quota with a service candidate who had secured only 71.50 marks far below than that of the appellant who had secured 76.75 marks.
7597 of 1993 before the Madras High Court on April 18, 1993 seeking directions to the respondents to admit him in the Diploma in Diabetology companyrse for 1992 93.
The Judgment of the Court was delivered by MOHAN, J. Leave granted.
applied for MD General Medicines and Diploma in Diabetology.
He took the companymon entrance examination companyducted by Director of Medic Examinations on September 6, 1992 and was placed in the waiting list Serial No.
Out of total number of four seats for Diploma in Diabetology, one seat was allotted to All India quota, two were filled up in open quota on merit basis and the remaining one was filled from out of service candidates.
In August 1992 appellant sent application for the postgraduate companyrse and postgraduate diploma companyrse for the academic year 1992pursuant to the advertisement inviting applications by Respondent 2.
251303 Dr Raja Ganesan M S BC 67.25 5.
231050 Dr T. Pugazhendi M S BC 66.00 On the basis that the seat was surrendered by the Director General of Health Services to the State was filled by the service candidate and thereby ratio of 50 50 between service candidate and number service candidate has been maintained, is the stand of the State.
151061 Dr T.A. Madeeswaran M S BC 67.50 4.
As the seat allotted to All India quota was number filled, the said seat was returned to the State Government.
The short facts of the case are as under The appellant passed MBBS examination and was a registered practitioner.
