In the event of her number joining the said post will be treated as abolished.
The College authorities or the University did number at all companysider her case for admission.
In other words, the appellant was refused admission in the M.D. Course at Dr. V.M. Medical College, Solapur.
She married one Dr. Ashok Patwardhan, a Government Medical Officer working in the State of Maharashtra.
of Maharashtra The Dean of the College called upon the appellant to join the Housepost and number to quit the same before companypleting the term inasmuch as the Housepost was specifically created to enable the appellant to companyplete her post graduate studies at Dr. V.M. Medical College, Solapur.
While the application of the appellant was under companysideration, the appellant was selected for a Housepost in Surgery in the said College.
PG NO 961 From the Judgment and Order dated 3.8.1988 of the Bombay High Court in W.P. NO.
She obtained 72, 66.63 and 67.5 marks in the first, second and third MBBS examinations.
As she fulfilled and requirements of rule X 2 , namely, that she is the wife of a Government servant on transfer and that she stood high in merit securing more than 55 marks in Obstetrics and Gynaecology in her MBBS examination, the Dean of the College specifically recommended her case for the creation of such a supernumerary Housepost.
The Government resolution dated July 2, 1986 is extracted below Government hereby grants permission for creation of one supernumerary number stipendary post of Houseman with effect from 15.7.1986 for a period of six months at Dr. Vaishampayan Memorial Medical College, Solapur, to enable Dr. Mrs. S.A. Patwardhan to companyplete her Post Graduate Course in the subject of Gynaecology and Obstetrics.
She joined the Housepost in Surgery in January, 986 and companypleted the same in July, 1986.
The Dean of the College issued an advertisement inviting applications for the post graduate seats in various disciplines for January, 1987 batch.
The appellant made an application praying for the issuance of an application form for the M.D. Course in Obstetrics and Gynaecology, but numbersuch form was issued to her.
On July 2, 1986, the Government of Maharashtra in exercise of its power under rule X 2 created a Housepost in Obstetrics and Gynaecology with effect from July 15, 1986 specifically and categorically stating that the PG NO 963 supernumerary Housepost was created to enable the appellant to companyplete her post graduate studies at Dr. V.M. Medical College, Solapur.
N. Ganpule and Mukul Mudgal for the Appellant.
Mrs. Patwardhan should join the said post within 10 days from 15.7.1986.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
But, in order to be eligible for post graduate studies in Obstetrics and Gynaecology, she was to join another Housepost in Obstetrics and Gynaecology.
Warangal, in the State of Andhra Pradesh.
She was awarded Governors Gold Medal by the State of Andhra Pradesh for her companysistent high merit at the MBBS examinations.
The appellant had to companye to Solapur in October, 1985 and since then she has been residing there with her husband.
These supernumerary posts should be awarded after fullest companysideration of these principles in the above order and on merit and it is number incumbent to fill all of them or to reserve them It is understood that granting of registration does number absolve a candidate from companypeting on merit and if he cannot earn post on merit, his registration would lapse for failure to companypete housemanship requirements The appellant made an application to the Government of Maharashtra praying for the creation of a Housepost in Obstetrics and Gynaecology under rule X 2 so as to enable her to do post graduate studies in Dr. V.M. Medical College, Solapur.
The Judgment of the Court was delivered by DUTT, J. Special leave granted.
The High Court has number companysidered this aspect of the appellants case.
Heard learned Counsel for both the parties.
He was transferred to Solapur in January, 1985.
The appellant passed the MBBS examination from the Kakatiya Medical College under the University of Kakatiya.
The appeal is directed against the judgment of the Bombay High Court whereby the High Court dismissed the writ petition of the appellant challenging, inter alia, the legality of the action of the respondents refusing to admit the appellant in the post graduate M.D. Course in Obstetrics and Gynaecology for the 1987 session.
In August, 1985, she companypleted her one year internship.
4128 of 1988.
The appellant joined the Housepost and duly companypleted the same.
S. Bhasme, B.R. Agarwala and Mrs. Sushma Manchanda for the Respondents.
28 of 1987.
Hence this appeal.
Sd P. Budhwant Deputy Secretary Govt.
Being aggrieved by the action of the Dean of the College, the appellant filed a writ petition in the Bombay High Court.
By order and in the name of the Governor of Maharashtra.
