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1991 DIGILAW 9 (PAT)

Anita Kumari v. State Of Bihar

1991-01-04

AFTAB ALAM, S.B.SANYAL

body1991
Judgment 1. The petitioner is admitted to Diploma in Child Health Course, 1989 Session at M.G.M.C., Jamshedpur. Her admission has been secure on the basis of Post-Graduate Medical Admission Test, (P.G.M.A.T., 1989) in which she was placed at Sl. No. 376. 2. It is stated that after all the admissions, made from the first selection list of candidates and after lowering down the qualifying marks from the subsequent list and waiting lists and after several round of adjustments and readjustments on the basis of superior choice of course and institutions given by the different candidates, the petitioner finds herself at M.G.M.C., Jamshedpur, while respondents 5 to 9 who occupied lower positions in the merit list have been admitted to the same course at P.M.C.H. which is supposed to be a more prestigious institution. The petitioner further complains that during the earlier round of adjustments respondents 10 and 14 who had been earlier asked to take admission in different colleges were offered their choice and were, thus able to secure their transfer to P.M.C.H. In the later round of readjustment no option was allowed and thus the petitioner has been left at M.G.M.C., Jamshedpur, while candidates occupying lower position in the merit list got admitted to a supposedly better institution at Patna. It is also stated that the petitioners representations in this regard have gone unheeded. The petitioner further alleges that she has been neglected and made to suffer discrimination because, she is nobodys nobody while the authorities have been indulging in accommodating and adjusting/readjustment other candidates having some influential connection in a brazenly irregular manner. 3. Mr. P.K. Shahi, learned counsel appearing on behalf of the State, has drawn our attention to Annexure-2, which is a copy of the pro forma of option given by this petitioner for admission in P.G. course. He pointed out that the petitioner left blank column No. 6 of the pro forma which reads: "Must specify the superior choice(s) on which he seeks admission according to vacancy published." Mr. Shahi argues that the petitioner not having given preference/choice for any institution it is no longer open to her to make any grievance in that regard. 4 We find substance in Mr. Shahis submission. Shahi argues that the petitioner not having given preference/choice for any institution it is no longer open to her to make any grievance in that regard. 4 We find substance in Mr. Shahis submission. In any event we feel quite loathe to direct any transfer of students relating to 1989 Session at this stage, as we feel that this would further confound the state of affairs which appears to be, as it is, in a chaotic state. 5. We accordingly turn down the petitioners application and hereby dismiss the same. 6. Before parting with this case, however, we must state that some very disquieting facts have come to our notice and we are constrained to express our anxiety in that regard. 7. It is to be noted that there are no statutory rules relating to admission of candidates to Post-Graduate Medical Course in this State. In the absence of any rule the admissions are to be governed by the terms of the prospectus. The matters relating preference of courses and institutions and transfers and readjustments are dealt with (in?) the Clauses XX and XXV of the prospectus for P.G.M.T. Bihar, 1989. These clauses are quoted below: "XX. The order of preference given by candidates for different colleges, and courses in the Application Form shall be final and subsequent changes will not be allowed. XXV. There will be no transfer or readjustment from one medical college to another medical college in the same course. However transfer or readjustment will only be allowed for higher choice of subject or course in case such a vacancy exists or arises in any Medical College. This will be strictly as per merit cum choice of the candidate as given in the application." It is apparent that the terms of the prospectus do not allow any transfer from one Medical College to another Medical College in the same course and transfers are to be allowed only for higher choice of subject or course, in case, such a vacancy arose in any other Medical College. Instances were, however, cited in which transfers of candidates have been made in complete disregard of these conditions. The petitioner has brought on record letter No. 1990, dt. 11-4-1990 whereby and whereunder respondent No. 4, in order to accommodate a candidate Dr. Rashmi Shrivastava, Roll Pat. Instances were, however, cited in which transfers of candidates have been made in complete disregard of these conditions. The petitioner has brought on record letter No. 1990, dt. 11-4-1990 whereby and whereunder respondent No. 4, in order to accommodate a candidate Dr. Rashmi Shrivastava, Roll Pat. 511 (1989-90 Session) at Patna Medical College, Patna, has transferred one seat in M.D. Obst.-gynae from D.M.C.H. Laheriasarai, to P.M.C.H., Patna. On this transferred seat the favoured candidate is to be admitted at Patna. 8 To say the least we find this extraordinary and in utter disregard to the rule of law. This only lends credit to the allegations that no rules are followed when the authorities wish to accommodate someone at a particular place. 9. We feel that the Commissioner-cum-Secretary, Department of Health, Medical Education and Family Planning and Welfare, Govt. of Bihar, should look into the matter and take immediate remedial measures. 10. Let a copy of this order be sent to the Commissioner-cum-Secretary, Department of Health, Medical Education and Family Planning and Welfare, Govt. of Bihar. Petition dismissed.