JUDGEMENT

- (1.)The petitioner wants to get in to the Post-graduation course in the discipline of Pharmacology for which he is not otherwise eligible under the existing rules. He consequently seeks quashment of the eligibility clause which stands in his way, or in the alternative a direction to respondent-State to relax the requirement in his case and to admit him to one of the six vacant seats in the said discipline.
(2.)The controversy can be traced to the notification issued by the respondent-competent authority on 24-4-1992 inviting applications from eligible candidates for admission to MD/MS courses in various clinical and non-clinical subjects in medical colleges of the State. As many as 8 seats were notified in the discipline of pharmacology - 6 seats in Jammu Medical College and 2 seats in Srinagar Medical College. The candidates had to satisfy the eligibility as contained in the notification and laid down in SRO-3 of 1989 dated 3-1-1989 reference to which will be made later. Even as the petitioner was not eligible to apply in the discipline of pharmacology, he applied all the same on 21-5-1992 opting for the disciplines of pharmacology and in order of preference. He claims to have done so after having made a representation to the Chairman of the competent authority on 12-5-1992 seeking waiver of the "proviso to Cl. 5.5 of the eligibility clause" and "after having been assured" by the respondents that his ease would be considered in this regard. He thereafter made an application on 7-10-1992 opting for the discipline of Dermatology without indicating whether it was in place of pharmacology. Be that as it may, the admit card issued to him in the discipline of Dermatology and after his result was proceeded in this discipline he failed to make the grade and was not selected.
(3.)The result was declared on 11-1-1993 and thereafter respondent No. 5 seems to have taken up the matter of vacant seats in the discipline of pharmacology with respondent No. 4 by this communication dated 28-2-1993 requesting that the seats be got filled up from the candidates who had appeared in the 1992 entrance examination. This led to a correspondence between respondent No. 4 and Chairman of the competent authority with former seeking relaxation of the eligibility condition of experience as Demonstrator in pharmacology subject. Respondent No. 4 was asked to submit a formal proposal on the subject matter which is stated to have been rejected by the Chief Secretary.


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