Manoj Kumar v. State of U. P. , Through Secretary, Medical Health Department, Civil Secretariat, Lucknow
1988-02-03
U.C.SRIVASTAVA, V.KUMAR
body1988
DigiLaw.ai
JUDGMENT Virendra Kumar, J. - By means of this petition petitioner has prayed for issue of a writ of mandamus commanding the opposite parties to register the petitioner in M. Ch. (Thoracic & Cardiovascular Surgery) Degree Course for the academic Sessions 198789. The petitioner has stated that in the whole of Uttar Pradesh amongst the State owned Medical Colleges, King George's Medical College is the only Medical College which provides for the facilities for imparting training for the aforesaid M. Ch. Degree Course and which makes registration for the said Course. The petitioner completed his M.B.B.S. Course in the year 1982 with the merit index of 60.60 percent and after completing the Housejob training in the Department of General Surgery the petitioner also completed his M.S. General Surgery Course in the year 1986 and in pursuance of an advertisement for registration for the PostDoctoral Course applied for registration for M. Ch. Degree Course in the King George's Medical College, Lucknow for the academic Session 198789. It is further stated that Dr. Sandeep Chandra was admitted and registered for the academic session 198789 and the petitioner was placed at serial No. 1 in the waiting list. It is further stated that Dr. Sandeep Chandra who was admitted in September, 1937, resigned for the aforesaid Degree Course in December 1987 which was also accepted by the Principal of K. G. Medical College, Lucknow with effect from 7th December, 1987 and since then the only seat for the said Degree Course is lying vacant, as per letter dated 28.12.87 issued by the Opposite Party No. 3 which is Annexure No. 1 to this writ petition. The petitioner who was appointed as Senior Resident, Thoracic and Cardiovascular Surgery in the K. G. Medical College, applied for his registration in place of Dr. Sandeep Chandra but as the same was not done he had to prefer this petition. The learned counsel . for the opposite parties was directed to produce relevant records. He has produced written instructions received by him from the Principal, K. G. Medical College. Although other facts are admitted but it has been stated that admission cannot be made throughout the year and there is always a date for closure of admissions. If this will not be done there will be chaos. When the petitioner applied for admission soon after the resignation of Dr.
Although other facts are admitted but it has been stated that admission cannot be made throughout the year and there is always a date for closure of admissions. If this will not be done there will be chaos. When the petitioner applied for admission soon after the resignation of Dr. Sandeep Chandra, there was no reason as to why the only candidate available should not have been admitted. No rule or practice could be pointed out for keeping specialties in a particular year without there being any admission if the admitted candidates after admission desert it. Adherence to rules, if any, is desirable but at the same time rules are not to be rendered nugatory & purpose of specialty and education is not to be frustrated. There it no denial of the fact that adjustment regarding session for specialties or students have been made or are made. But the students so admitted are to complete the full course for which even ordered to be admitted under orders of Court are and cannot be denied admission on the ground that a particular date has expired. In the circumstances, there is no reason as to why the petitioner should not be admitted in the M. Ch. Degree Course. As a result of that this petition should be allowed. 2. That writ petition is, therefore, allowed and a writ of mandamus is issued to the Opposite parties that the petitioner be admitted in the aforesaid M. Ch. (Thoracic & Cardiovascular Surgery) Degree Course in King George's Medical College, Lucknow for the academic session 198789 forthwith. The consequences will follow including that he will be allowed to file his proforma and appear in the examination 3. Copy of this order may be issued to the learned counsel for the petitioner within a week on payment of necessary charges.