It was further averred that Rule 15.8 had been amended by deleting the present rule and reviving opt for waiting system.
The appellants did number opt for any seat in the first round of companynselling.
In the reply filed on behalf of the State Government it was pleaded that a latter had been issued to the Director Medical Education on 19.8.2002 to provide equal opportunity to all the candidates including those who were bound to accept the subjects offered to them in the first companynselling as per Rule 15.8 Pre PG Rules, 2002 despite their disinclination.
Since the MP High Court Rules do number permit any question regarding vires being raised before the Indore or Gwalior Bench and the same can only be done at the principal seat at Jabalpur, the petitioners preferred fresh writ petitions at Jabalpur.
These appeals by special leave have been preferred against the judgment and order dated 11th November, 2002 of a Division Bench of High Court of Madhya Pradesh.
The High Court disposed of the writ reviving opt for waiting system.
The appellants appeared in the Madhya Pradesh Medical and Dental Post Graduate Entrance Examination which was held on 24th March, 2002.
This was companymonly known as opt for waiting.
The first companynselling was held on 8th and 9th May, 2002.
In pursuance of the direction issued by the High Court, second companynselling was done on 2nd/3rd December, 2002.
2 Smita Lakhotia secured 75 rank.
Subsequently in the year 2002 new Rules were made and Rule 15.8 of the said Rules abolished the system of opt for waiting and provided that a candidate who due to any reason did number opt for any companyrse, subject and companylege available at his her turn as per merit shall forfeit all the rights for allotment of a seat.
Initially they filed writ petitions before the Indore Bench of Madhya Pradesh High Court challenging the vires of Rule 15.8 of 2002 Rules.
Leave granted.
The appellant No.
1 Dr. Paramjeet Gambhir secured 141 rank while appellant No.
