DR. SUKHWINDER SINGH GILL Vs. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) DR . Sukhwinder Singh Gill, Senior Resident (Non -M.Ch.) Paediatric Surgery, has filed the present writ petition against the P.G.I, at the first instance Medical Council of India has also been associated as respondent No. 2. The writ was filed under Articles 226/227 of the Constitution of India and it was prayed by the petitioner that directions be issued to the respondents to consider him for admission to M.Ch. Course and issue him the necessary roll number to enable him to appear in the entrance test for the Session for January, 2001. He also made a prayer by way of interim relief that he be allowed to appear in the entrance test. It may be mentioned at the first instance that by virtue of the interim order passed by the Division Bench, the petitioner was allowed to undertake the examination but he could not get the merit as a result of which he could not get the admission to the desired course. To this extent, the prayer of the writ petitioner has become redundant and infructuous but the point which still survives for determination is whether the degree possessed by the petitioner is valid for the purpose of entrance test or not as the stand of P.G.I, was that petitioner was not fulfilling the qualifications required for the entrance test.

(2.) THE petitioner was admitted to the course of M.S. General Surgery in January 1995 in Daya Nand Medical College and Hospital, Ludhiana. This college was affiliated with Panjab University. The petitioner passed the course in June, 1998 and he was granted the degree of Master of Surgery by the Panjab university.

(3.) THEREAFTER , the petitioner joined as Senior Resident in the Department of Paediatric Surgery at the respondent -institute on 9.10.2000. The case set up by the petitioner is that respondent -institute imparts education in various super special courses including M.Ch. Course. A candidate who has passed M.S. in General Surgery is eligible for this course i.e. M.Ch. Course. The petitioner was allowed to appear in the entrance test in July, 1999, January, 2000 and July, 2000 but he was not selected for the course. According to the petitioner, respondent -institute also issued prospectus for the January 2001 Session for admission to this course and respondent fixed the qualifications as follows : -