Decided on March 25,1997

The State Of H.P. Respondents


M SRINIVASAN, J. - (1.)The respondent -University called for application for admission to various courses of Post Graduate Degree/Diploma courses in Indira Gandhi Medical College in July, 1996. The petitioner exercised his option for Paediatrics Medicine and Anesthesiology in that order. He was selected and given admission to the Specialty, Anesthesiology on the basis of his merit. Thereafter some of the seats which were reserved for All India Quota remained unfilled and the University had to fill up them. As regards the subject of Paediatrics the seat was reserved for Scheduled Castes and Scheduled Tribes There was no candidate available in that category. It was made available for G. D O general category and none had opted in that category also. It was ultimately allotted to the Direct (general). By that process the seat was allotted to the fifth respondent herein who was available next in the merit list.
(2.)This grant of admission to the fifth respondent is challenged by the petitioner herein. The petitioner had made a representation in November, 1996 as soon as he came to know that some seats will be available from All India Quota as they were not filled up. He had made a claim that his first option was for Paediatrics and he had been given admission only in Anesthesiology He wanted to give up that course and join Paediatrics, though the said representation of the petitioner is stated to have been forwarded by the Principal, Indira Gandhi Medical College who is the fourth respondent herein to the third respondent, namely, Controller of Examinations the latter passed an order on 10th March, 1997 granting admission to the fifth respondent herein in the speciality Paediatrics. No reference was made in that order by the third respondent granting such admission to the representation made by the petitioner herein.
3 The petitioner has presented this writ petition only on 10th March, 1997 challenging the grant of admission to the fifth respondent and also claiming his right to be given admission in the specialty Paediatrics. Replies have been filed by respondents No 2 and 3 as well as respondent No.

(4.)The main contention urged by the respondents is that once the petitioner was given admission in the specialty of Anesthesiology he could not thereafter be considered to be continued in the merit list for being considered for admission if the seats in the AH India Quota became available. It is pointed out that at the time when the seats reserved for AH India Quota were made available, the petitioner was no longer in the waiting merit list as he had already been selected and admitted. The person, who had secured highest marks, available in the waiting merit list was only 5th respondent to be admitted to the said course and therefore he was admitted by the University, 4 It is also contended by the respondents that the admission was granted to the fifth respondent in December, 1996 and the petitioner has come forward with this writ petition only in March, 1997 after the fifth respondent had undergone the course for a period of three months It is noted that the petitioner had undergone Anesthesiology course for a period of six months by the time when the writ petition was filed.

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