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1991 DIGILAW 269 (RAJ)

Dr. Brij Lal Sharma : Dr. Rajendra Khadiya : Dr. Manoj Kumar v. State of Rajasthan

1991-03-12

I.S.ISRANI

body1991
JUDGMENT 1. - These three writ petitions raise a common question for consideration, with a prayer that the petitioners be allowed to change their Speciality of Tuberculosis and Chest Diseases in M.D. Course to General Medicines, therefore, all the petitions are decided by one order. 2. After passing MBBS, all the petitioners appeared in Pre-P.G. Entrance Competitive Examination for admission to M.D./M/S. Courses in various branches as per revised Ordinance 278-E of the Rajasthan University, Jaipur. The petitioners, as required, gave order of preference of their choice for various specialties in their application forms, which included General Medicine also. The last choice given by each of the petitioners was that of T.B. and C.D. The petitioners joined in the allotted speciality of T.B. and C.D. on various dates, as mentioned in the petitions, at S.M.S. Medical College, Jaipur. 3. It is submitted by Mr. S.K. Singh, learned counsel, that, after joining, the petitioners, on enquiring from the Medical Council of India as well as from the Rajasthan Medical Council, came to know that the Degree of M.D. (TB and CD) is not recognised for the purpose of registration to practice in the said speciality or for further higher studies in the same. This information was given by the Medical Council of India to one Dr. Agarwal vide letter dated March 23, 1990 (Anx.2). Thereafter, each of the petitioners made representation to the Principal and Controller of SMS Medical College, Jaipur stating therein that the speciality of the petitioners may be changed from TB and CD to General Medicine, since the Degree awarded in the speciality of TB and CD is not recognised. However, no action was taken on the said representations, hence petitions have been filed. It is also pointed out by the learned counsel that the matter is squarely covered by the decision of this Court given in Dr. R.P. Agrawal v. State of Rajasthan and others, S.B. Civil Writ Petition No. 2097/90, decided on September 4, 1990 and Dr. Rakesh Kumar v. State of Rajasthan, D.B. Civil Writ Petition No. 969/89, decided on April 24,1989 . 4. It is submitted by Mr. R.P. Agrawal v. State of Rajasthan and others, S.B. Civil Writ Petition No. 2097/90, decided on September 4, 1990 and Dr. Rakesh Kumar v. State of Rajasthan, D.B. Civil Writ Petition No. 969/89, decided on April 24,1989 . 4. It is submitted by Mr. J.M. Saxena, learned Deputy Government Advocate, that admissions are given in accordance with the provisions of Ordinance 278-E and after admission for Post- Graduate Course, the student has to continue for a period of three years and is not permitted to change speciality, except during reshuffle, which takes place within a period of six months. None of the petitioners could be given admission in speciality of General Medicine, since they were less meritorious in comparison to several other students, who were given admission in the said speciality. It is further submitted by the learned counsel that the University is in correspondence with the Medical Council of India for getting the Post-Graduate Degree awarded in the speciality of TB and CD recognised and it is hoped that the same will be recognised soon. 5. I have heard both the parties and also gone through the documents on record. From the facts stated above, it is evident that none of the petitioners will be able to practice in the speciality of TB and CD, after they pass out the required examination from the Rajasthan University, since the same is not recognised by the Medical Council of India. Apart from this, the petitioners shall also not be able to pursue studies further for acquiring higher qualifications in this branch of speciality. It may be stated that it is only desirable that no admissions are given in such Courses/Specialities, which are not recognised by the Medical Council of India, as acquiring of such Post-Graduate Degree are of no use, since the candidates will not be allowed to practise in the same. It is only on account of giving admissions in un-recognised courses by the concerned authorities that complications like this arise and the petitioners have to knock at the doors of the Court for redressal of their grievances. It is only on account of giving admissions in un-recognised courses by the concerned authorities that complications like this arise and the petitioners have to knock at the doors of the Court for redressal of their grievances. The fact that the concerned authorities are in correspondence with the Medical Council of India for recognition of Post-Graduate Degree awarded by the Rajasthan University in TB and CD, since quite some-time, is not of any help to the petitioners because their future is hanging in fire not knowing whether the Post- Graduate Degree acquired by them, after hard labour of three years, will have recognition or not. The matter is also squarely covered by the two decisions mentioned above, in which similar question for consideration had arisen. 6. It was pointed out by the learned Deputy Government Advocate that the seats in General Medicine are limited and it will be difficult to give admission to the petitioners in the said speciality, which was not given to them, in the first instance, being less meritorious. This Court can visualise the difficulties that arise on account of such situation, but, in fact, it is the concerned authorities, who are perhaps responsible for the same. Still, I do find weight in the contention of the learned counsel. The petitioners, who are less meritorious, cannot, therefore, be given choice of their speciality, merely on account of their approach in this Court. At the same time, it is only desirable that their speciality of TB and CD may be changed, since the Post-Graduate Degree awarded to them will be of no consequence, because it is unrecognised. 7. These petitions are, therefore, allowed and the respondents are directed to give admission to each of the petitioners in any of the speciality the choice of which had been given by each of them in their applications, which were filed in the first instance. It is also made clear that they may be given admission in any College in Rajasthan. This shall be done within a period of thirty days from the date of this order. 8. The petitions are allowed, with no order as to costs.Petition allowed. *******