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Gauhati High Court · body

1995 DIGILAW 220 (GAU)

T. Rajen Singh Dr. v. Regional Institute of Medical Science

1995-09-20

H.K.SEMA

body1995
Heard Mr. N. Kumarjit Singh, learned counsel for the petitioner. Mr. BP Sahu, learned counsel for the respondents 1,2 and 3 and also Mr. HNK Singh for the respondent No.4 2. The problem presented by the present petitioner is with regard to the admission into the Post Graduate Course (MD/MS) for the sessions, 1995-96. 3. The precise question that posed for determination in this writ petition is whether the admission into the Post Graduate Courses shall be on the basis of merit or seniority. 4. The Management Committee in its 44th Meeting held on 8.7.92 has laid down criteria for admission into the Post Graduate Courses to the RMC, by its employees, shall be allotted strictly according to the seniority. The aforesaid resolution was on the experimental basis for a period of two years and will be open to review. At the outset, Mr. BP Sahu makes a submission that although the said resolution was operative only for a period of two years, criteria laid down therein has been followed till today. It is, however, admitted by Mr. Sahu that after expiry of the two years, in has not been reviewed. From the resolution it clearly appears that the criteria laid down in the resolution was only experimental and will be operative for a period of two years subject to review. Unless the criteria laid down in the resolution has been reviewed by a subsequent resolution, the criteria laid down by the resolution has automatically been elapsed after the expiry of two years and it cannot be followed. 5. The next question to be considered is whether there is any rule or guidelines prescribing the admission into the Post Graduate courses. In this connection, Mr. N. Kumarjit Singh has strenuously submitted that so far as with regard to the admission to the Post Graduate courses, a guidelines has been issued by the Medical Council of India and the same has been adopted by the Manipur University. In this connection Mr. Kumarjit has referred to the paragraph IVA which deals with Selections of Post Graduate Students. In paragraph IVA, the following criteria has been laid down : “(i) On the basis of merit as determined by a competitive test conducted by the University/Group of University. In this connection Mr. Kumarjit has referred to the paragraph IVA which deals with Selections of Post Graduate Students. In paragraph IVA, the following criteria has been laid down : “(i) On the basis of merit as determined by a competitive test conducted by the University/Group of University. (ii) On the basis of merit as determined by a centralised competitive test held at the National level, (iii) On the basis of their performance at the MBBS examinations provided they all come from the one University. (iv) Combination of (i) and (ii).” 6. From the aforesaid guidelines prescribed by the Medical Council of India, it clearly appears that admission and selection of Post Graduate Students shall be strictly on the basis of academic merit. As already said that the resolution passed by the Management Committee on 8.7.92 having been elapsed, the only alternative is to follow the guidelines issued by the Medical Council of India which has been adopted by the Manipur University. This apart, the Apex Court had occasion to deal with such problem in Dr. Jagdish Saran & others vs. Union of India & others reported in AIR 1980 SC 820 . This is what has been said by the Apex Court in paragraph 44 of its judgment which runs as under : “44. Secondly, and more importantly, it is difficult to denounce or renounce the merit criterion when the selection is for post-graduate or post-doctoral courses in specialised subjects. There is no substitute for sheer flair, for creative talent, for finetuned performances at the difficult heights of some disciplines where the best alone is likely to blossom as the best. To sympathise mawkishly with the weaker sections by selection sub-standard candidates, is to punish society as a whole by denying the prospect of excellence say in hospital service. Even the poorest, when stricken by critical illness, needs the attention of super skilled specialists, no humdrum second rates. So it is that relaxation on merit, by overruling equality altogether, is a social rish where the stage is post-graduate or post-doctoral.” Keeping in view the guidelines issued by the Medical Council of India which has been adopted by the Manipur University and the principle laid down by the Apex Court, I am of the view that admission to Post Graduate course has to be made strictly on the basis of merit and not on the basis of seniority. Accordingly, this petition is allowed with the direction to the respondents 1, 2 and 3 to consider the admission into the Post Graduate courses strictly on the basis of the guidelines issued by the Medical Council of India. It is made clear that this direction shall be applicable to all the disciplines with regard to admission into the Post Graduate Courses. No admission contrary to this direction shall be deemed to be valid. This direction shall however, be prospective. With the aforesaid direction, this petition is allowed and disposed.