C. V. JANI, J. ( 1 ) THE petitioners who are Medical Graduates and who have completed their Internship, have filed this petition for a writ of mandamus directing the respondents, namely, the Dean of S. S. G. Hospital, Baroda, Director (Health) in Civil Hospital, Ahmedabad, and the Secretary to the Government at gandhinagar, to fill in 95 seats in P. G. Studies instead of 78 seats allotted so far. It is their submission that the respondents are not adhering to the ratio laid down in the recommendations by the Medical Council of India for the postgraduate medical education which have acquired a statutory force. Thus the petitioners claim revolves around the interpretation of these recommendations. ( 2 ) HOWEVER, in the course of hearing the scope of this inquiry was sought to be enlarged, and the learned Advocate for the petitioners requested the Court to consider the conflicting demands of (i) Medical Graduates of "regular" batch passing their degree examination at the end of the regular terms; (ii) other graduates of "casual" batch who for some reason were unable to pass the degree examination in the regular Course; and (iii) students of reserved category to be admitted as per the resolution of the Government of Gujarat, - in the context of shortage of post-graduate teachers. There is no challenge to allotment of 17 seats to the students passing All India Entrance Examination. ( 3 ) IN order, therefore, to understand the various facts and figures placed by the petitioners and the respondents in the petition, Annexures, Affidavits and rejoinders, it is necessary in the beginning to refer to the provisions contained in these recommendations. The relevant portion of these recommendations annexure "a" is reproduced hereinbelow : " (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. . . . . . . . . . . (2) xxx xxx xxx (3) xxx xxx xxx (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 at 1 : 1. For the proper training of the post-graduate students, there should be a limit to the number of students admitted per year. . . . (2) xxx xxx xxx (3) xxx xxx xxx (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 at 1 : 1. For the proper training of the post-graduate students, there should be a limit to the number of students admitted per year. For this purpose every unit should consist of at least 3 full time post-graduate teachers and can admit nor more than 3 students for post-graduate training per year. If the number of post-graduate teachers in the unit is more than three then the number of students can be increased proportionately. For this purpose one student should associate with one postgraduate teacher. Where the number of post-graduate teacher is less than 3 per unit then the number of students should be reduced so as to keep the ratio to one student per teacher per year. In exceptional cases, in a unit with 1 post-graduate teacher and another teacher with post-graduate qualification a maximum of 2 students can be admitted per year. xxx xxx xxx ( 4 ) THUS, provision is made for allotting students to units consisting of 3 full time post-graduate teachers, 2 full time post-graduate teachers and also one post-graduate teacher. The case of the unit with one post-graduate teacher comes in the exceptional Clause. ( 5 ) THE petitioners themselves have produced the above recommendations at annexure "a" and they have submitted that they contain the rules framed by the medical Council of India for the post-graduate medical education under Sec. 33 of the indian Medical Council Act. The printed copy of these recommendations Annexure "a" contains an endorsement that the recommendations are approved as "regulations" under sec. 33 of the Indian Medical Council Act, 1956. The respondent No. 1 has also, by filing an affidavit, placed on record the rules framed by the M. S. University, Baroda, 1991 (1) DR. RAJKUMAR v. DEAN, MEDICAL COLLEGE (Spl. C. A.)-Jain, J. 261 contained in the resolution passed by the Syndicate on 23/07/1980, showing that the aforesaid rules laid down by the Medical Council of India regarding post-graduate registration of students should be strictly followed and that the teachers-student ratio of 1 : 1 should be maintained. RAJKUMAR v. DEAN, MEDICAL COLLEGE (Spl. C. A.)-Jain, J. 261 contained in the resolution passed by the Syndicate on 23/07/1980, showing that the aforesaid rules laid down by the Medical Council of India regarding post-graduate registration of students should be strictly followed and that the teachers-student ratio of 1 : 1 should be maintained. So there is no dispute that the recommendations made by the Medical Council of India on post-graduate medical education, which have been approved by the government of India under Sec. 33 of the Indian Medical Council Act, have got statutory force and they are expected to be applied equally and uniformly. ( 6 ) IT is loosely stated in the petition that in the previous year i. e. in the year 1989-90, originally it was decided to admit only 41 post-graduate students. However, later on the number was increased to 58 in order to accommodate some influential persons. However, in the year 1990 applications were invited for only 39 posts by notice dated 12-3-1990. It is also the petitioners case that after publication of the notice the students approached the Dean who agreed to allot more seats. It is alleged that the Dean was of the opinion that he would be able to declare his decision finally after discussing the issue with the Head of the Department. As students were not satisfied they approached the respondent No. 2, Director of Health, on 4- 4-1990, and during the discussion that took place in the presence of the dean, it was decided to allocate 23 additional seats. It is submitted that the respondents have allotted only 78 seats in all as per the following break up : 39 seats by notice dt. 12-3- 1990 6 deats by notice dt. 6-4-1990 17 seats earmarked for the students passing All India Entrance Examination, and 16 seats earmarked for "casual Batch" i. e. Batch of students who did not pass any of the M. B. B. S. Examination at the first attempt. 12-3- 1990 6 deats by notice dt. 6-4-1990 17 seats earmarked for the students passing All India Entrance Examination, and 16 seats earmarked for "casual Batch" i. e. Batch of students who did not pass any of the M. B. B. S. Examination at the first attempt. ( 7 ) SO far as the 17 seats earmarked for students passing All India Entrance examination are concerned, it would be pertinent to refer to the Bulletin, annexure "d", published by All India Institute of Medical Science which refers to the entrance examination conducted exclusively for admission to 25% seats of various post-graduate courses in different Medical College in compliance of the directives of the Honble Supreme Court of India. ( 8 ) MR. M. S. Shah, learned Advocate appearing for the petitioners, made the following submissions : (i) The ratio indicated in regulations framed by the Medical Council of India is not being maintained by the respondents for admitting post-graduate medical students; (ii) In the previous year, i. e. in 1989-90, admissions were granted on the basis that 2 students would be admitted in a unit with one postgraduate teacher and another teacher with post-graduate qualification and 17 more students were admitted subsequently; 262 GUJARAT LAW REPORTER Vol. XXXII (1) (iii) Even in the current year i. e. in 1990-91 the respondent No. 1, the Dean of the Medical College, had agreed to allot more seats, and it was later on decided to allot 23 additional seats, but his assurance was not carried out. ( 9 ) SO far as the last submission is concerned, the respondent No. 1 has stated in his further affidavit-in-reply that he had never agreed to grant any more registration, and though the Deputy Director Mr. R. C. Shah had tentatively agreed to accept the demand made by the students subject to the approval of additional Director Dr. Trivedi, Dr. Trivedi did not agree to grant any more registration. As the prayer for mandamus is to be considered in the context of the regulations, the assurance or agreement of the authorities would not be much relevant. In any case, the petitioners allegation in this context is virtually denied by the respondent No. 1 and it is not necessary to decide this disputed question of fact. As the prayer for mandamus is to be considered in the context of the regulations, the assurance or agreement of the authorities would not be much relevant. In any case, the petitioners allegation in this context is virtually denied by the respondent No. 1 and it is not necessary to decide this disputed question of fact. ( 10 ) SO far as the other two submissions are concerned, they relate to the interpretation of the regulations Annexure "a". In the context of these regulations, it would be necessary to look at the definition of "post-graduate teacher" given by the Medical Council of India in clause (6) of its recommendations on the qualification required for appointment of persons to the posts of teachers in medical Colleges and attached Hospitals. This definition is quoted in para-3 of the affidavit filed by the respondents No. 1 at the stage of admission of the petition. The term is defined as under : "teachers in Medical College or Medical Institution having at least 7 years under-graduate and/or post-graduate teaching experience, of which not less than 4 years should be after obtaining requisite recognised post-graduate qualification, shall be recognized as post-graduate teacher. " the other teachers who are qualified to teach post-graduate classes, but who do not directly fall under this definition are described as teachers with postgraduate qualification. Mr. Shah submits that even though the student-teacher ratio laid down by the Medical Council is 1 : 1 between post-graduate students to be admitted and the actual number of post-graduate teachers, an exception is carved out in respect of units with only one post-graduate teacher and another teacher with post-graduate qualification. In such a case of exception, two students can be admitted per year. According to Mr. Shah as actually there are 59 recognized P. G. Teachers and 33 Teachers with P. G. qualification working in S. S. G. Hospital, the total number of P. G. Teachers comes to 92. It is, therefore, the submission of Mr. Shah that the respondent has given admission to 92 students in all (including those who are passing All India entrance Examination and students of "casual batch". As against this Miss doshit has referred to the Chart of permissible registrations earmarked for the year 1990, Annexure-III, and she has submitted that the respondents have literally complied with the regulations Annexure "a". Shah that the respondent has given admission to 92 students in all (including those who are passing All India entrance Examination and students of "casual batch". As against this Miss doshit has referred to the Chart of permissible registrations earmarked for the year 1990, Annexure-III, and she has submitted that the respondents have literally complied with the regulations Annexure "a". It is her submission that the main rule lays down the ratio between the post-graduate teachers and post-graduate students. If the unit consists of three full time post-graduate teachers it cannot admit more than three students and in that case the 1991 (1) DR. RAJKUMAR v. DEAN, MEDICAL COLLEGE (Spl. C. A.)-Jain, J. 263 number of teachers with post-graduate qualification assisting such post-graduate teachers would become irrelevant. If the number of post-graduate teachers is less than three per unit, then the number of students has to be reduced so as to keep the ratio to 1 : 1 per teacher per year and even in that case the number of teachers with post-graduate qualification would not be relevant. Only in exceptional cases this ratio is to be disturbed and this exceptional case consists of small units with only one post-graduate teacher and another teacher with post-graduate qualification where more than one student can be admitted. Miss Doshit, learned Asstt. G. P. appearing for the respondents submitted that if this position is kept in mind the figures contained in statement Annexure-III produced by the respondent No. 1 would show that the ratio has been strictly complied with. If we look at the statement annexure-III, it appears that even though the number of degree registrations permissible against recognized post-graduate teachers would be 60, actually 72 residencies have been sanctioned for the whole year and 8 posts have been sanctioned for non-stipendary post-graduate students because of the fact that some more seats became available because of the latitude given in the exception clause and also sanction of some additional seats by the Government. Miss Doshit also refers to unit-wise list of P. G. Teachers and it appears that teachers with P. G. qualification and permissible P. G. illustration produced by the respondent No. 1 at Annexure-5. She submits that the details of teachers and registration per unit contained in this Annexure would satisfy the Court about the fact that the relevant Rules are not violated. She submits that the details of teachers and registration per unit contained in this Annexure would satisfy the Court about the fact that the relevant Rules are not violated. ( 11 ) I accept the submission of Miss Doshit. The statement Annexure- ii and the list ANnexure-5 show that the regulations contained in Annexure "a" are not departed from; on the other hand more registrations have been granted. Mr. M. S. Shah, learned Advocate appearing for the petitioners, is seeking a mandamus directing the respondents to fill in 94 seats, and such a direction would be beyond the scope of the regulations on which he relies. If the regulations Annexure "a" lay down norms for admitting post-graduate students, they create a legal duty on the part of the respondents to comply with the same uniformly and if any of these regulations is violated the aggrieved party would be able to seek mandamus; but there can be no claim for allotting additional seats simply because additional seats were given during the year 1989-90. The respondent No. 1 has stated in his affidavitin- reply that total number of registrations for the post-graduate course which are sanctioned are more than what would be available in accordance with the Medical Council of India Rules and there is no scope for increasing the number of registration any how, in view of the fact that the object of limiting the number of admissions to the post-graduate courses is to provide opportunity to the students concerned to attend to the patients and to maintain sufficiently higher standard of teaching. ( 12 ) IN case more students are admitted, each of the student would get inadequate opportunity to attend to his patient or to perform medical duties or surgery. Miss Doshit refers to the report made by the Head of 264 GUJARAT LAW REPORTER Vol. XXXII (1) the Department of Obstetrics and Gynaecology to the Dean ventilating his grievance that the large number of students under training do not get adequate number of sterilization operations or medical termination of pregnancy operations during their training period and it refers to other undergraduate students also. XXXII (1) the Department of Obstetrics and Gynaecology to the Dean ventilating his grievance that the large number of students under training do not get adequate number of sterilization operations or medical termination of pregnancy operations during their training period and it refers to other undergraduate students also. Miss Doshit also refers to the minutes of the meeting of the College Council held on 20/07/1989, in which it was resolved that the latitude given in the previous year 1989-90 should not be repeated and in order to uphold the highest traditions of the College in P. G. Education the Dean was strongly recommended not to declare additional registrations in any Branch in future without consultation with the College Council and heads of departments. In view of the above material which has come on record, the first two submissions of Mr. M. S. Shah are rejected. ( 13 ) MR. M. S. Shah, however, submitted that on the basis of the figures given in the Chart Annexure-III it is clear that though 72 residencies were permissible, 17 seats were earmarked for the students passing All India Entrance examination, and out of the remaining 55 seats, 25% could be allotted to "casual" post-graduate students and remaining 41 seats could be allotted to regular students. Instead, only 39 seats have been allotted to regular students. He further submits that out of the 8 seats earmarked for non-stipendary registration, 25% (2 seats) could be allotted for "casual students" and 6 seats could be allotted to regular students; instead only 5 seats have been allotted to regular students as per Chart annexure-III. So in Mr. Shahs submission three more seats should have been allotted for regular students who have passed the M. B. B. S. Examination at the very first attempt and who have completed their internship before March 1990. Mr. Shah submits that so far as the "casual students" who did not complete their term before the month of June, are concerned, they are still to be interviewed in future for admission to post-graduate courses and their seats have not been advertised or filled up so far. He submits before any such advertisement is published, three more seats should be filled in by regular P. G. Students. He submits before any such advertisement is published, three more seats should be filled in by regular P. G. Students. ( 14 ) THOUGH this point was not directly raised in the petition, it was strenuously urged in view of the facts and figures placed by the respondents before the Court. Miss Doshit for the respondents relies on the table Annexure- ii in order to show that regular and "casual students" were allotted in each discipline on the basis that 25% seats would be earmarked for "casual students" as far as possible. She pointed out that there are two sanctioned residencies in the discipline of Psychiatry and so one seat each was allotted to regular students and one to "casual student". Same is the case with Discipline of veneral diseases. In the discipline of Obstetrics out of 8, four seats are allotted to regular students and two to "casual students". In E. N. T. discipline two are allotted to regular students and one to "casual student". In the same way in Ophthalmology two residencies are allotted to regular students and one to "casual student". So it is quite possible that discipline-wise allocation of seats may not be quite possible in the ratio of 75% and 25%, but in mr. Shahs submission this fact merely augments the agony of regular students inasmuch as more allocation goes to casual students. In Mr. Shahs 1991 (1) DR. RAJKUMAR v. DEAN, MEDICAL COLLEGE (Spl. C. A.)-Jain, J. 265 submission the allocation should be on the basis of total number of seats which are available and not on the basis of the seats which are available for a particular discipline. It would always be open for the respondents to make discipline-wise allocation after 75% seats are allotted to regular students. ( 15 ) THERE appears to be substance in what Mr. Shah submits. Though no provision of law or otherwise is brought to my notice showing that 25% of the seats are to be allotted to "casual students", there is no dispute between the parties that this practice has been followed since long, and, therefore, it requires to be followed hereafter also. It is also in the interest of justice that regular students who have been keenly pursuing their studies should not be denied their right of admission on the only ground that "casual students" would get more seats if the allocation is made discipline-wise. It is also in the interest of justice that regular students who have been keenly pursuing their studies should not be denied their right of admission on the only ground that "casual students" would get more seats if the allocation is made discipline-wise. I hope the respondents will certainly consider this aspect and allot three more seats to regular students according to the merit list. ( 16 ) MR. Shah lastly submitted that three extra seats meant for reserved quota have not been filled in at the provisional interview, as stated by Dr. Akashkumar N. Singh in his affidavit-in-rejoinder, and so, these three seats should be allotted to regular students. In reply to this rejoinder, the respondent no. 1 filed further affidavit-in-reply and pointed out that three registrations against the reserved quota which are not duly filled in have already been offered to the open merit students. To satisfy the Courts conscience Miss doshit for the respondents pointed out that names of regular students who are allotted Supernumerary residency against the posts reserved for Scheduled caste. Miss Doshit referred to Rule No. 23. 2 and Rule 23. 3 contained in government of Gujarat Resolution dated 5-12-1989 No. MCG 1089-5528-J produced at Annexure-I. Mr. Shah submitted that as three residences reserved for Scheduled Caste remained unutilised, the number of residencies was increased by three and they were filled in by allotment to open merit candidates. Mr. Shah relied on the figures in Columns Nos. 9 and 10 in the Chart Annexure-III submitted by the respondent and submitted that out of the six additional seats reserved for scheduled Caste or Scheduled Tribe candidate three had been filled in and the remaining three should be allotted to the regular students. According to him, the total number of post-graduate seats sanctioned by the authorities should be increased by six reserved for scheduled Caste and Scheduled Tribe candidates. Miss Doshit submitted that this should not be the interpretation which can be placed on Rule 23. 2 and 23. 3 contained in the Government Resolution dated 5-12-1989. ( 17 ) IN my view it is not necessary to decide this question inasmuch as it was never raised in the petition. Only a cursory reference was made by Dr. Akashkumar N. Singh in his affidavit-in-rejoinder to the effect that three seats mentioned for reserved quota were not filled in at the provisional interview. ( 17 ) IN my view it is not necessary to decide this question inasmuch as it was never raised in the petition. Only a cursory reference was made by Dr. Akashkumar N. Singh in his affidavit-in-rejoinder to the effect that three seats mentioned for reserved quota were not filled in at the provisional interview. The respondent No. 1 removed the cloud by clarifying 266 GUJARAT LAW REPORTER Vol. XXXII (1) that three registrations against the reserved quota which were not duly filled in, have been offered to open merit students, and in addition to the aforesaid selection of forty-seven students three more registrations have been offered to regular students. Moreover, there is a further limitation imposed by the relevant regulations framed by the Medical Council of India. It is obvious that the number of post-graduate students to be admitted in the Medical college would depend upon the number of post-graduate teachers. It is only because three students of reserved category were selected, three seats are allotted to the regular students. The Rules contained in Government Resolution dated 5-12-1989 cannot be read in isolation, but they are to be read in the context of the regulations specially framed by the Medical Council of india for the post-graduate medical education. In any case, no specific point is raised and no specific prayer in this connection has been made in the petition. So, Mr. Shahs submission on this point is rejected. ( 18 ) NO other point was urged. ( 19 ) IN the result, Rule is discharged. But the respondents will bear in mind the observations made in Paras 13 to 15 of this judgment recommending the allotment of three more seats to the regular students before any allotment is made for the students of "casual batch". There will be no order as to costs. Interim relief stands vacated. .