M.P.THAKKAR - (1.) A question of fundamental importance (and of principle) which is likely to have great impact on the lives and careers of newly graduated doctors prosecuting their studies for post-graduate courses is raised in this petition under Art. 226 of the Constitution of India. It is raised by petitioner No. 1 (along with 3 other petitioners) who secured 64.80% marks in the specialty of medicine as against 53% secured by respondent No. 7 at the final M.B.B.S. Examination upon the latter (and others who secured less marks than him) being preferred to him for appointment as Registrar in Medicine at the L.G. Hospital Ahmedabad a teaching hospital run by the Municipal Corporation of Ahmedabad. They have challenged the appointments made in disregard of their claim on the said post by virtue of much higher marks and better merits than the appointees as being unprincipled arbitrary capricious and violative of Arts. 14 and 16(1) of the Constitution of India.
(2.) Respondent No. 1 Municipal Corporation of Ahmedabad which fulfils the definition of State as embodied in Art. 12 of the Constitution of India runs two Hospitals in Ahmedabad namely Lallubhai Gordhandas Hospital in Maninagar (called L. G. Hospital) and Smt. Shardabhai Chimanbhai Lalbhai Hospital Saraspur (referred to as the Saraspur Hospital). Both these Hospitals are conducted by the Municipal Corporation of Ahmedabad as its own departments. Some arrangement appears to exist under which these hospitals function as teaching hospitals for post-graduate courses conducted by K. M. School of Post-Graduate Medicine and Research. It may be mentioned that the Municipal Corporation runs and administers a Medical College known as N. H. L. Municipal Medical College which is affiliated to the Gujarat University. So far as post-graduate studies are concerned there are no facilities or arrangements in the Municipal Medical College for the same. There is however an associate institution known as K. M. School of Post-Graduate Medicine and Research which is run by a private trust. It is associated with another Hospital in Ahmedabad known as V. S. General Hospital which is run and administered by a private trust but which appears to be receiving grants from the Municipal Corporation of Ahmedabad. The Deputy Municipal Commissioner (H & L) of respondent Municipal Corporation issued a public notice inviting applications for the resident posts of senior Registrars and Registrars so as to reach him on or before May 6 1974 The resident posts were to be filled in at the Municipal Hospitals namely Smt. Shardaben and L. G. Hospitals which are teaching Hospitals (see Annexure A) Inter alia 3 posts of Registrars were to be filled in the specialty of Medicine and 3 in the specialty of Obstetrics and Gynecology referred to as Gynaec for the sake of brevity here in after. The posts were to carry a stipend of Rs. 460/per month along with the amenity of free quarters. The qualifications for the posts of Registrars as per the advertisement were specified as under :- Candidates possessing Graduate or Post-Graduate qualifications and having experience of Horsemanship of twelve months in the respective branch are eligible. The petitioners (Nos. 1 to 4) had applied for the post of Registrar in Medicine. Petitioner No. 5 had applied for the post of Registrar in Gynaec. The applications of all of them were rejected. Instead some others who had secured lesser marks than all the petitioners were appointed. It will be convenient to examine the case of petitioners Nos. 1 to 4 as against Respondent No 7 in the first instance. The particulars relating to the case of these petitioners vis- -vis that of Respondent No. 7 who secured appointment in preference to the petitioners from the standpoint of marks obtained by them at the final M. B. B. S. Examination may be gleaned from the following tabular statement :- JUDGEMENT_1039_GLR0_1975Html1.htm Thus it will be seen that though petitioners Nos. 1 2 and 3 obtained marks ranging from 60.25% to 64.75% respondent No. 7 who obtained about 10% less then the petitioner No. 1 and 7% less then the rest secured the appointment to the post of Registrar in Medicine. In other words. though petitioners Nos. 1 2 and 3 obtained 47 31 and 29 marks respectively more than the respondent No 7 out of a total of 400 marks in the specialty of Medicine at the final M. B. B. S. Examination their claims ware disregarded and in preference to them respondent No. 7 Dr. R. G. Agarwal has been appointed as a Registrar. The petitioners have challenged the appointment of respondent No. 7 made in disregard of their claim and in preference to them as being arbitrary unprincipled capricious and being violative of Art. 14 and 16 of the Constitution of India.
(3.) Now it is an admitted position on the part of the respondents that no rules have been framed by the Municipal Corporation of Ahmedabad in regard to the matter of making appointments to the post of Registrar in the various specialties. The selection is made by a Selection Committee envisaged by sec. 54 of Bombay provincial Municipal Corporations Act. Annexure 3 to the affidavit-in-reply filed by the respondent-Corporation shows that the selection was made at the meeting of the Staff Selection Committee on June 28 1974 whereat the Municipal Commissioner Deputy Municipal Commissioner (Revenue a Law) Deputy Municipal Commissioner (General) Municipal Chief Auditor Superintendent L. G. Hospital and Superintendent Saraspur Hospital were present. The ground on which the claim of the petitioner has been disregarded according to the respondent corporation is that the candidate selected by them namely respondent No. 7 had worked as a Houseman at one of the Municipal Hospitals and therefore weightage was given to that factor. Before we examine the validity or otherwise of the challenge it deserves to be mentioned that the post of Registrar in a particular specialty or subject has considerable value and significance for the newly graduated doctors who are prosecuting studies in post-graduate courses in that particular specialty having regard to the fact that it enables them to acquire invaluable practical experience and knowledge which equips them to a considerable extent for their post-graduate Degree or Diploma examinations. It has also importance from the point of view that the very fact that experience has been gathered or gained in the post of a Registrar in particular specialty is considered to be a plus factor for securing admission in overseas institutions imparting education in post-graduate medical courses and also helps the doctors concerned in securing employment. Of course it is not in dispute that the appointment to the post of a Registrar in a particular specialty is not a sine-quo-non for securing a post-graduate Degree in that particular subject. It has however considerable value and significance from the aforesaid standpoint. Besides it solves his financial problem inasmuch as rent-free quarters are provided and a monthly stipend of Rs. 460.00per month is awarded to a Registrar. It appears that the post of Registrar in the subject of their choice or specialty is very much coveted and widely sought for by newly graduated doctors prosecuting their studies for post-graduate Degrees or Diplomas in that particular subject or specialty. The decision of the Court would therefore naturally have great impact on the lives and careers of such students including the petitioners.;