ORDER 1. Three other petitions, M. P. No. 2471/1990 (Dr. Suresh Chandra Gupta v. Dean, G. R. Medical College. Gwalior and Ors.); M. P. No. 2474/1990 (Dr. Sanjay Saxena v. State of M. P and Ors.) and M. P. No. 2544/1990 (Dr. Atul Jain v. State of M. P. and Ors. were heard together with this petition, mostly common questions of law and facts arising in all the four petitions. 2. The facts in so far as relevant for disposal of these petitions are not in dispute. 3. Dr. Ajay Bullagon, Dr. Suresh Chandra Gupta and Dr. Atul Jain are aspirants of a seat each in post Graduation Course of study i.e. M.D. at G. R. Medical College, Gwalior. Dr. Sanjay Saxena is an aspirant for a seat in M. S. Course of study. This is the only point of distinction amongst the several petitioners. 4. All the petitioners are Medical Graduates of G. R. Medical College, Gwalior. In the waiting list of M.D., Dr. Suresh Chandra Gupta, Dr. Ajay Bullagon and Dr. Atul Jain are placed respectively at Serial Nos. 1, 2, and 5. Dr. Sanjay Saxena is at the top in the waiting list for M. S. The seats against which the Petitioners are pressing their claims are of All India quota. The course of study were to Commence on 1-10-1990. The candidates selected were to report latest by 10-10-1990. Vide Annexure P/4, in M.P. No. 2474/1990, there are 4 seats in Medicine and two seats in surgery earmarked for All India candidates. For the four seats in M.D. although four candidates were selected in All India quota, two of them reported and two of them did not report at all. Those two who had reported, absented themselves after reporting and have not turned up till this day. The Dean is competent to condone the absence of a candidate for a maximum period of 19 days. Making a calculation by giving maximum rope to the absentees, the Dean would have been required to" await the arrival of selected candidates till 29-10-1990, the last date for reporting being 10-10-1990. The petitioners contend that soon there-after the Dean should have proceeded to make allotments to institutional candidates as against the seats left vacant by All India quota candidates. 5. The petitioners contend that soon there-after the Dean should have proceeded to make allotments to institutional candidates as against the seats left vacant by All India quota candidates. 5. The Dean, G. R. Medical College has explained his stand before the court stating that there were communications from the State officials that the atmosphere at State Medical Colleges was not good because of the wrath developed by the institutional candidates against All India quota candidates and that is why All India quota candidates were either not willing to join or had gone back after joining. No documents are placed on record to substantiate the plea but there could have been none, as the Dean stated that this was all on telephones. However, we see no reason to disbelieve him,. In our opinion, the Dean therefore, acted wisely and reasonably in awaiting instructions from the higher authorities of the State and the authorities of the Central Government. 6. Seats in professional Courses of study constitute national wealth. The aspirants are numerous and competition is keen. The Apex Court has invariably recorded its strong disapproval of the Seats left lying vacant. In Dr. Ambesh Kumar v. Principal, LLRM Medical College, Meerut and Ors., AIR 1987 SC 400 their Lordships observed : "It is pertinent to mention in this connection that the number of seats allotted to each of the prescribed courses is on the basis of two seats per professor and there is crying necessity in the State for more experts in various disciplines in medicine and Surgery etc. It is incumbent on the State government to see that all these seats earmarked for each of these disciplines or courses are filled up." In Dr. Jeevak Almast v. Union of India, AIR 1988 SC 1812 their Lordships having noticed the seats lying vacant observed : "Now that about 1600 seats have reverted to the States and the medical colleges located within them, these seats have got to be filled up. It is in the interest of the parties that the same should be done as quickly as possible so that the academic time-schedule may be stuck to. We hope and trust that such a situation would not recur and a more practical view shall be taken by those who are incharge of the matter." In Dr. It is in the interest of the parties that the same should be done as quickly as possible so that the academic time-schedule may be stuck to. We hope and trust that such a situation would not recur and a more practical view shall be taken by those who are incharge of the matter." In Dr. Ajay Pradhan v. State of M. P., AIR 1988 SC 1975 their Lordships observed: - "When a seat falls vacant in any particular academic year there is a corresponding duty cast on the authorities to take immediate steps to fill up the same." "We wish to impress upon the State Government of Madhya Pradesh the desirability of taking immediate steps under Rule 10 of the Rules to fill up the vacancies in the P. G. Course in M.D./M.S. or the Diploma course of studies in a particular discipline, the moment the seat in a medical College in that discipline is available in a medical college in any particular academic year. The State Government should ensure that the authorities charged with the duty of granting admission to students under Rule 10 of the Rules must act with due promptitude, and should not by their lethargy or inaction deprive an otherwise meritorius candidate admission to such a higher Course of studies to which he was otherwise entitled. Perhaps, the solution lies in making a suitable provision in the Rules providing for a reasonable period, say 15 days, within Which the authorities ought to exercise their powers under Rule 10 of the Rules, failing which the seat available would be deemed to have been filled by the candidate placed first in the waiting list strictly according to merits." 7. Though seats in All India quota are lying vacant still we do not feel it appropriate to grant relief of admission straightway to the petitioners. We notice with respect what their Lordhips observed in Dr. Mrs. Sheela Ashok Patwardhan's case AIR 1989 SC 382 , pr. 14 "Normally this Court does not interfere in the matter of admission of students in a educational institution. Even if it interferes, it generally directs authorities concerned to consider the question of admission in accordance with the rules of the institution." 8. Mrs. Sheela Ashok Patwardhan's case AIR 1989 SC 382 , pr. 14 "Normally this Court does not interfere in the matter of admission of students in a educational institution. Even if it interferes, it generally directs authorities concerned to consider the question of admission in accordance with the rules of the institution." 8. Two of these petitions were filed on 11-10-1990, one on 12-10-1990 and one on 22-10-1990, that is to say much before the time, by which the Dean could have taken a decision to declare the seats vacant, had arrived. Before filing the petitions the petitioners had not served any notice for demand of justice on several authorities of the State or on the Director General, Health Services, New Delhi, seeking the desired relief, on denial of which alone a writ of Mandamus would have been competent. However, we do not propose to dismiss the petitions solely on that technical consideration because the petitioners are all students, aspirants of higher professional qualifications, and now, by the time the petitioners would do that exercise and come again to this Court in the event of relief being presently denied, it might be too late. Rules for post Graduation (M.D./M.S. Course) in Clinical, Para- Clinical and non-clinical discipline in Medical Colleges in M. P. (hereinafter referred to as 'Rules' for short) provide that the vacancy in any year shall not be carried over to the next year, so is the dictum of their Lordships in Dr. Ajay Pradhan's case (supra). All the facts necessary for disposal of these petitions have been brought before the Court and meterial facts are not much in controversy. We have therefore chosen to notice subsequent events and mould the relief accordingly. 9. Ajay Pradhan's case (supra). All the facts necessary for disposal of these petitions have been brought before the Court and meterial facts are not much in controversy. We have therefore chosen to notice subsequent events and mould the relief accordingly. 9. In our opinion the following directions would amply meet the ends of justice and relieve the basic grievance of the petitioners :- (i) The Dean, G. R. Medical College, Gwalior shall forthwith report the vacancies available against the All India quota to the Director General of Health, Medical Examinations, New Delhi, through the Director of Medical Education, M. P., Bhopal seeking his approval of the vacant seats of All India quota being diverted to the institutional candidates because of the seats having not been availed by the All India quota candidates; (ii) the Director General Shall take his decision within a period of two weeks from the date of communication by the Dean; (iii) in the meantime the Dean shall take steps for finalising the list of eligible candidates in order of merit and consistently with the Rules, so as to make allotment soon on approval of the Director General of Health, Medical Examination, New Delhi being received; (iv) the approval of the Director General shall be awaited for a period of two weeks from the date of communication of this order along with the communcation to be made by the Dean, G. R. Medical College, Gwalior. If no response is received, the seats will be deemed to have been diverted to the institutional candidates, for the seats cannot be permitted to go a waste as per the law laid by the Apex Court. 10. The learned counsels for the petitioners have submitted yet another ingenious contention placing reliance on Rule 4(a) of the Rules, which reads as under; "4(a) The total number of seats available for admission shall be determined in accordance with the medical council of India-regulations. This strength shall be revised every January on the basis of the post-graduate teachers available as on 31st of December of the preceding year. However, the existing strength shall remain frozen till such time as the medical council of India requirements with regard to post-graduate teachers are fulfilled. This strength shall be revised every January on the basis of the post-graduate teachers available as on 31st of December of the preceding year. However, the existing strength shall remain frozen till such time as the medical council of India requirements with regard to post-graduate teachers are fulfilled. Categorywise number of seats available in clinical subjects in 1984 are given in Annexure-1." The recommendations of the Medical Council of India on the post-Graduation Medical Education provide that the number of admission to post-graduate course should be based on the criterion, inter alia, that the number of post-graduate students shall not exceed one candidate per recognised post-graduate teacher per year. To quote the relevant parts from the Recommendations of Medical Council of India- "General (1) For M.D./M.S. degree in clinical subjects, there shall be proper training in basic medical sciences related to the disciplines concerned as well as paper in these subjects at the examination. In the case of M.D. and M.S in basic medical sciences there should be training in applied aspects of the subject and a paper on the subject. X X X X (4) The student teacher ratio should be such that the number of post-graduate teachers to the number of post-graduate students admitted per year be maintained 1:1. x x x x Para 4. The number of admissions to post graduate courses should be based on the following criteria; (a) The number of post-graduate students shall not exceed one candidate per recognised post-graduate teacher per year. x x x x 11. The petitioners have stated that there are 15 teachers available in the Department of Medicine in G. R. Medical College, Gwalior, and, therefore, if the teacher-student ration of 1:1 is maintained there should be 15 seats for post-graduation available in this Department. This fact is disputed. The return says that out of 15 teachers only 9 have the requisite experience to act as post-Graduate Teachers. It is further submitted by the learned counsels for the petitioners that also looking to the number of beds available at the College hospital, the number of seats can be increased and additional number of students can be admitted for post-graduation. 12. It is difficult to accept the contention. The rule relied on by the learned counsel for petitioners prescribing teacher-student ration of 1:1 is prohibitive and not permissive in character. 12. It is difficult to accept the contention. The rule relied on by the learned counsel for petitioners prescribing teacher-student ration of 1:1 is prohibitive and not permissive in character. The settled rule of purposive interpretation is, find the reason for the rule and then read the rule with reason. The medical student having acquired a professional degree would be called upon to deal with the person and health of the people who would be placing implicit faith and confidence in him, because of the degree acquired by him. The Medical Council in laying down 1:1 ration of teacher-student seems to have been guided by the consideration that the number of students associated with a teacher should not exceed one and then only the teacher would be in a position to concentrate on the student and pass on to him the knowledge, experience and expertise required to inculcate competence in the aspiring student. The purpose of the rule is to secure quality and not quantity. That means that whatever additional facilities may be available at the College and the hospital, the number of students should not exceed the prescribed ratio. In other words, in spite of other facilities being available, if number of teachers falls low, the number of students to be admitted shall have to be proportionately reduced. The argument that with the increase in the number of teachers the seats should automatically increase in fallacious. To impart medical education mere availability of a teacher is not enough. Every additional seat is a costly affair involving finances and several other administrative considerations which the State alone has to take care of. It is for the State to decide how many seats would be available and we cannot interfere in the matter except to the extent of expressing a hope that in the event of all the facilities including the desired number of eligible teachers being available, the state should readily increase the number of seats so that the public demand for more experts in the field of health and medicine is fulfilled. 13. Before parting we have to notice yet another contention raised on behalf of Dr. Atul Jain, the petitioner in M. P. No. 2544/1990. It is submitted that though Dr. Atul Jain is No. 5 in the waiting list, but all the four above him including the two petitioners in M. P. Nos. 13. Before parting we have to notice yet another contention raised on behalf of Dr. Atul Jain, the petitioner in M. P. No. 2544/1990. It is submitted that though Dr. Atul Jain is No. 5 in the waiting list, but all the four above him including the two petitioners in M. P. Nos. 2470/1990 and 2471/1990, have exercised their choice in opting for entry in disciplines other than M.D. and hence he alone is the person who is now left entitled for entry in M.D. course of study consistently with the directions of this Court. Reliance has been placed on a decision dated 23-3-1990 passed in M. P. 1335/1989, Dr. Rajesh Gupta v. State of M. P. and Ors. and order dated 2-11-1989 in M. P. No. 1102/1989, J. P. Joshi v. State of M. P. and Ors. taking the view that choice having once been exercised, such candidates cannot be permitted to stake their claims preferential over other candidates who have chosen not to exercise their choice alternatively but to persist in their claims against the desired seats alone; the exercise of option one way amounting to waiver of choice the other way,. We do not make any observation on that contention and we leave it to be taken care of by the Dean while making an allotment of the available seats amongst the contending claimants consistently with the directions of the Court. Needless to say that the Dean shall have to go by the rules. 14. All the petitions are disposed of in accordance with the directions made in para 9 above. There shall be no order as to the costs of these petitions. 15. Copies of the order shall be placed on the record of each of the cases hereby disposed of. One copy shall be communicated post-haste to the Dean, G. R. Medical College, Gwalior.