MANISH PANDEY Vs. M S UNIVERSITY

JUDGEMENT

(1.) The petitioners are the students of Maharaja Sayajirao University. Vadodara. They have passed their final M.B.B.S. Examination and are at present functioning as internees. The Medical College and Hospital at Vadodara is run by the State Government. The petitioners are desirous of obtaining admission into Post-Graduate course of the University on clinical side. It is an accepted position that for being registered in a Post-Graduate course on clinical side one has to get a post in residency in a teaching hospital for carrying out the clinical work. The petitioners are. however, apprehensive that they may not get admission tbr three reasons.viz.

(2.) Respondent No. I to the petition is M. S. University. Vadodara through its Registrar and respondent No. 2 is the Dean of the Faculty of Medicine of the same University. Shri N. V. Anjaria. learned Advocate appears tbr respondent Nos. I and 3.Respondent No. 3 is the State of Gujarat. Ms. Katha Gajjar. learned A.G.P. appears for respondent No. 3. Respondent Nos. 4 to II are other students represented by Shri Ramnandan Singh. learned Advocate, who contend that the rules are not discriminatory and the interpretation of the relevant rules as reflected in the past practice concerning admissions is correct.

(3.) One Shri Kamal Pathak, Dean of the Medical Faculty of M. S. University has filed an affidavit-in-reply on behalf of the University enclosing thereto the Rules of the University relating to Post-Graduate studies, and the Rules framed by the Government governing appointment of Residents at the Government Medical Colleges. Petitioner No. 2 has filed a rejoinder thereto. Respondent No. 6 has filed affidavit-in-reply. Respondent Nos. 6 to 12 are opposing this petition. Shri Ramnandan Singh, learned Advocate appears on their behalf. As far as respondent No. 3 is concerned, two affidavits are filed; firstly one by Dr. K. P. Desai (who is a Lecturer) on behalf of Dean of Medical College, Vadodara and another by one Shri P. M. Asari, Under Secretary in the Health and Family Welfare Department.