Dr. Miss Sunita Sohoni & Ors. Vs. State of Madhya Pradesh & Ors.
EmailAppeal: Writ Petition No. 1603 of 1987.
Petitioner: Dr. Miss Sunita Sohoni & Ors.
Respondent: State of Madhya Pradesh & Ors.
Apeal: Writ Petition No. 1603 of 1987.
Judges: RANGANATH MISRA & MURARI MOHON DUTT, JJ.
Date of Judgment: Apr 26, 1988
Head Note:
EDUCATION
Admission to Post Graduates Medical Courses in Madhya Pradesh
Selection to P.G. Degree Courses – Selection to be on the bases of merit.
JUDGEMENT:
O R D E R
1. Heard petitioner-in-person and learned counsel for the State of Madhya Pradesh. The State of Madhya Pradesh has made a return to this Court disclosing the number of seats available in the six Medical Colleges of the State in different Post-Graduate Degree courses in clinical subjects. There is no dispute that the seats shown in Annexure R-I represent the 75 per cent of the seats reserved for selected candidates by the All India Competitive Examination. It is, therefore, agreed between the petitioners and learned counsel for the State that seats as appearing in the Annexure R-I are to be multiplied by three times for the total number of available seats for the State. The unutilised seats are also indicated in the said document. Therefore, these seats that are not utilised revert back for being filled up by institutional candidates and in service and practising Assistant Surgeons. Learned counsel for the State says that under the rules obtaining in the State Institutional quota is fixed at two-third and the remaining one-third is reserved for the other category.
2. Petitioners before us are housemen institutionally connected with the Bhopal, Gwalior and Jabalpur Medical Colleges. According to them, the selection for the seats in the specialities for P.G. Degree Courses should be so done that without disturbing them from the places where they are undergoing housemanship at present, they may be adjusted for Post-Graduate study to the extent it is possible. It is not in dispute that the number of doctors who are undergoing housemanship at the moment in their respective institutions is in greater number than the seats available for Post-Graduate Degree courses therein. The petitioners, therefore, fairly concluded that selection has to be on the basis of merit.
3. It is represented that these six Medical Colleges are affiliated to a different universities. In case institutional basis for admission on the basis of merit is not followed there is likelihood difficulties in adjustment. We, therefore, accept their prayer that on that basis of merit and confined as far as practicable to the related institutions, the selection on merit basis should be made.
4. As the last contention, it has been stated that on this basis it may be necessary to increase the number of seats by a total of two in order to accommodate everyone. We are not in a position to find out how at this stage they are able to indicate that the number will be only two but in case it is really confined to that number we commend that the State of Madhya Pradesh may accede to this request as a special case and not being a precedent.
5. The writ petition is disposed of accordingly. No costs.
1. Heard petitioner-in-person and learned counsel for the State of Madhya Pradesh. The State of Madhya Pradesh has made a return to this Court disclosing the number of seats available in the six Medical Colleges of the State in different Post-Graduate Degree courses in clinical subjects. There is no dispute that the seats shown in Annexure R-I represent the 75 per cent of the seats reserved for selected candidates by the All India Competitive Examination. It is, therefore, agreed between the petitioners and learned counsel for the State that seats as appearing in the Annexure R-I are to be multiplied by three times for the total number of available seats for the State. The unutilised seats are also indicated in the said document. Therefore, these seats that are not utilised revert back for being filled up by institutional candidates and in service and practising Assistant Surgeons. Learned counsel for the State says that under the rules obtaining in the State Institutional quota is fixed at two-third and the remaining one-third is reserved for the other category.
2. Petitioners before us are housemen institutionally connected with the Bhopal, Gwalior and Jabalpur Medical Colleges. According to them, the selection for the seats in the specialities for P.G. Degree Courses should be so done that without disturbing them from the places where they are undergoing housemanship at present, they may be adjusted for Post-Graduate study to the extent it is possible. It is not in dispute that the number of doctors who are undergoing housemanship at the moment in their respective institutions is in greater number than the seats available for Post-Graduate Degree courses therein. The petitioners, therefore, fairly concluded that selection has to be on the basis of merit.
3. It is represented that these six Medical Colleges are affiliated to a different universities. In case institutional basis for admission on the basis of merit is not followed there is likelihood difficulties in adjustment. We, therefore, accept their prayer that on that basis of merit and confined as far as practicable to the related institutions, the selection on merit basis should be made.
4. As the last contention, it has been stated that on this basis it may be necessary to increase the number of seats by a total of two in order to accommodate everyone. We are not in a position to find out how at this stage they are able to indicate that the number will be only two but in case it is really confined to that number we commend that the State of Madhya Pradesh may accede to this request as a special case and not being a precedent.
5. The writ petition is disposed of accordingly. No costs.
