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1998 DIGILAW 505 (MP)

MANISH GARG v. STATE OF MADHYA PRADESH

1998-07-20

S.P.SRIVASTAVA

body1998
S. P. SRIVASTAVA, J. ( 1 ) FEELING aggrieved by the order passed by the Director, Medical Education, Bhopal dated 4-3-1998, whereunder his application dated 19-1-1998, seeking conversion of the Post Graduate Diploma course in Anaesthesia into the Course of M. D. , (Anaesthesia) has been rejected, the petitioner has now approached this Court seeking redress praying for the quashing of the impugned order and a direction to the respondents to grant him admission in M. D. , course in the subject of Anaesthesia in G. R. Medical College, Gwalior, with all consequential benefits. ( 2 ) I have heard the learned counsel for the petitioner as well as the learned counsel representing the contesting respondents, and have also carefully perused the record. ( 3 ) THE facts in brief, shorn of details and necessary for the disposal of this case lie in a narrow compass. The petitioner had been selected in pre-P. G. , Examination 1997, and at the time of counselling he had been granted admission in Diploma course in the subject of Anaesthesia, which he had accepted and accordingly joined the said course on 16-6-1997, at G. R. Medical College, Gwalior. ( 4 ) DR. Rajesh Kumar, who had been granted admission in M. D. , Course in the subject of Anaesthesia at G. R. Medical College, Gwalior, did not join the course, with the result that a seat in the course of M. D. , Anaesthesis remained vacant. It was against this vacancy in the same college against which the petitioner wanted admission by conversion and had moved the application for the purpose referred to hereinabove. ( 5 ) THE petitioner has asserted that in fact four seats in P. G. , course were lying vacant in G. R. Medical College, Gwalior. ( 6 ) THE letter of the Director, Medical Education, M. P. , Bhopal dated 20-1-1998, true copy of which has been filed along with the writ petition as Annexure P/9 indicates that in G. R. Medical College, Gwalior, four degree seats in the subject of Anaesthesia were lying vacant for accommodating; one candidate from All India quota, one candidate from general category, one candidate of scheduled castes and one candidate from the backward class. ( 7 ) THE conversion sought for by the petitioner was as against the degree seat which was lying vacant for accommodating a candidate of general category. ( 7 ) THE conversion sought for by the petitioner was as against the degree seat which was lying vacant for accommodating a candidate of general category. ( 8 ) THE learned counsel for the petitioner has strenuously urged that the impugned order passed by the Director, Medical Education Department, Bhopal dated 4-3-1998, true copy of which has been placed on the file of the writ petition along with an application No. 3317/98, marked as annexure P/11, refusing the conversion of the seat sought for by the petitioner is patently erroneous as the rejection is based on a misconstruction and mis-interpretation of the provision contained in Rule X (iii) of the Madhya Pradesh Medical and Dental Post-Graduate Entrance Examination Rules, 1997 (hereinafter referred to as the Rules ). ( 9 ) THE relevant portion of the Rules (X) and (XI) of the aforesaid Rules are to the following effect : (X) Counselling.- (i) Candidates will be called in batches for counselling at their own cost by the Director of Medical Education. The notice of counselling will ordinarily be sent by registered post. (ii ). . . . . . . . . . . . . . . . . (iii) A candidate so admitted and assigned to a particular course, Subject and to a particular institution will not be entitled to seek change of subject or institution later on any ground. No request for change of subject or institution shall be entertained. The candidate shall also give an undertaking that he/she shall not make any application, representation or petition for change of subject/institution so allotted/assigned to him/her. (iv ). . . . . . . . . . . . . (v) If any seat remains or falls vacant in any subject in any institution the same would be filled up from the waiting list strictly in the order of merit by subsequent counselling in the same manner as mentioned above. The dates of subsequent counselling for the candidates in waiting list will be communicated to them by registered post and also displayed on the notice board of the office of the Director of Medical Education. While filling up such vacant seats. Candidates already admitted to any subject in any institution will not be considered and candidates in waiting list will be considered. (vi) to (viii ). . . . . . . . . . . . . While filling up such vacant seats. Candidates already admitted to any subject in any institution will not be considered and candidates in waiting list will be considered. (vi) to (viii ). . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . (4) At the end of the counselling of the general category the seats kept vacant as per sub-rule (3) above, if any, shall be transferred to the reserved categories by draw of lots. (XI) Admission.- (i) the course will commence on second May every year. If due to any reason any vacant seat is to be filled, the same would be done through counselling within two months i. e. by Second July. All admissions will come to an end on that date. Seats reverted from All India Quota to the State will be filled up from the waiting list by counselling as stated above, before the closing date of Second July. (ii) Candidates who have been admitted must join their college on or before the date to be notified at the time of admission. (iii) The selection for the admission will be automatically cancelled if the selected candidate do not report to the college on or before the date stipulated at the time of counselling. (iv ). . . . . . . . . . . . . . . ( 10 ) A perusal of the Rule (x) ( (iii) indicates that a candidate admitted and assigned to a particular course, subject and to a particular institution will not be entitled to seek change of subject or institution later on any ground. This provision further stipulates that no request for change of subject or institution shall be entertained. ( 11 ) THE learned counsel for the petitioner has urged that in the present case the prohibition imposed under Rule (X) (iii) is only against the change of subject and as in the present case the petitioner had not sought for any change in the subject or institution, there could be no justification for rejecting his application for conversion from the Diploma course to M. D. course in the same subject i. e. , Anaesthesia. ( 12 ) THE learned counsel for the contesting respondent however urged that in view of the implications arising under Rule (X) (iii) of the Rules, there is an absolute prohibition for the change of not only the subject but also of a particular course also, and since the diploma course and the degree course are entirely different, no conversion or change could be taken to be permissible simply because the diploma course and the degree course in question were related to the same subject, of Anaesthesia. ( 13 ) I have given my thoughtful consideration to the rival contentions of the learned counsel for the parties. ( 14 ) THE Regulations framed by the Medical Council of India (Revised up to January, 1998) provide that the period of training for M. D. , M. S. , shall be 3 years after full registration including one year of house job or equivalent thereof and for Diploma courses, 2 years after full registration including one year of house job. The Regulations further provide that the examination for the M. D. /m. S. degree shall consist of (i) Thesis or Dissertation, (ii) Written papers and (iii) Clinical, Oral and Practical examinations as the case may be. ( 15 ) THE emphasis of training for M. D. /m. S. , and Diploma courses as required under the Regulations are quite different. ( 16 ) DURING the period of training for M. D. /m. S. , courses, the emphasis is required to be of inservice training and not in didactic lectures. The candidate should take part in Seminars, Group Discussions, Clinical meeting, etc. The candidates should be required to write a thesis or dissertation with detailed commentary which should provide the candidate with necessary background of training in research methods and techniques along with the art of writing research papers and learning the use of library. The in-service training requires the candidate to be a resident in the campus and should be given graded responsibility in the management and treatment of patients entrusted to his care. Adequate number of posts of clinical residents or tutors should be created for this purpose. ( 17 ) THE period should also include adequate training in the basic sciences of Anatomy, Physiology, Biochemistry, Bio-physics, Pharmacology and Pathology in all its applied aspects relevant to the speciality concerned. Adequate number of posts of clinical residents or tutors should be created for this purpose. ( 17 ) THE period should also include adequate training in the basic sciences of Anatomy, Physiology, Biochemistry, Bio-physics, Pharmacology and Pathology in all its applied aspects relevant to the speciality concerned. The candidates should be required to participate in the teaching and training programmes of under-graduate students or interns in their subjects. ( 18 ) SO far as the diploma courses are concerned, the Regulations indicate that the training should be aimed at emphasising the practical aspects of the subject. Seminars, Group Discussions should be encouraged rather than didactic lectures. Efforts should be made to give clinical responsibility to the Trainees as far as possible. ( 19 ) TAKING into consideration what has been noticed hereinabove, it is apparent that though the subject may be the same, the course of study as well as the training for a post-graduate degree and a post-graduate diploma are quite different. It cannot be said that the training forming part of the course of study for a post-graduate diploma and a post-graduate degree are interchangeable or identical. ( 20 ) IT seems to me that the word "subject" as used in rule (X) (iii) of the Rules has to be taken as taking its colour from the preceding words "particular course" and the emphasis underlying the rule is on the particular course of study in a subject. The rule of construction "noscitur A Sociis" can be safely applied in such a situation. ( 21 ) MOREOVER, if the provisions contained in rule (X) (iii) of the Rules are interpreted in the manner as suggested by the learned counsel for the petitioner, it will render the expression "particular course" redundant. No such interpretation in the facts and circumstances of the present case is permissible or called for. ( 22 ) IT further seems to me that the legislative intent underlying the provision in question is that once a candidate is admitted and assigned to a particular course of study in a subject and to a particular institution, he will not be entitled to seek change of that particular course of study in the subject in which he had been granted admission or the institution later on any ground. ( 23 ) THE learned counsel for the petitioner has next contended that the vacancy which had occurred should not go unfilled especially when the petitioner is otherwise eligible for being accommodated against the said vacancy. The contention is that since a vacant seat for the post-graduate degree is available in the subject of Anaesthesia, the application of the petitioner for conversion ought not have been refused. ( 24 ) IN the aforesaid connection, I am of the clear opinion that the change sought for by the petitioner for a particular course of study in a subject was nothing else except seeking admission in a different course of study for post-graduate degree and that too in mid-session. In such a situation, the mere fact that a vacancy is available in the post-graduate degree course is wholly inconsequential. Reference in this connection may be made to the decision of the Apex Court in the case of State of Uttar Pradesh v. Dr. Anupam Gupta reported in AIR 1992 SC 932 : (1992 AIR SCW 746 ). ( 25 ) THE Apex Court in its aforesaid decision observed that to maintain excellence the post-graduate degree courses have to be commenced on schedule and to be completed within the schedule, so that the students would have full opportunity to study full course to meet their excellence and come to par excellence. ( 26 ) THE Apex Court in its aforesaid decision held that admission in the midstream would disturb the courses and also works handicap to the students themselves to achieve excellence and observed that the vacancies of the seats would not be taken as a ground to grant the admission disapproving the direction given by the High Court to admit the candidates into those vacant seats. ( 27 ) TAKING into consideration the facts and circumstances brought on record and my conclusions indicated hereinabove, no justifiable ground has been made out for any interference by this Court while exercising the extraordinary jurisdiction envisaged under Article 226 of the Constitution of India. ( 28 ) THIS writ petition is accordingly dismissed. ( 29 ) THERE shall however be no order as to cost. Petition dismissed. .