SUMITA MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This special appeal arises out of the order, dated 11/01/1994, passed by learned single Judge of this court in S.B. Civil Writ Petition No. 4241/1993, whereby the learned single Judge dismissed the writ petition with the observations that seats lying vacant at Bikaner in the specialities of M.S. Gynecology and Obstetrics shall be deemed to have been surrendered to the State Quota for doing needful and the writ petition filed by the petitioner-appellant was consequently dismissed. Feeling aggrieved by the aforesaid order of the learned single Judge the appellant has preferred this appeal before this Court which came up for hearing before us on 15/03/1994 when the appeal was admitted and notices were issued to the respondents. Subsequently the matter came up for hearing on 18/03/1994, after service of the notices to the respondents and subsequently on 22/03/1994 and 23/03/1994, when the arguments were heard and concluded.

(2.) The facts giving rise to the filing of the present appeal briefly stated are as under: The petitioner-appellant had appeared in the All India Central Pre. P.G. Entrance Examination held in the year 1993 for MD/MS/ Diploma Courses (Post-Graduate Course in Medicine). For the year 1993, the scheme in vogue for admissions in All India Quota was that merit lists were being issued from time to time according to preference given by the candidates. The first preference for the subjects given by the petitioner was Obstetrics and Gynaecology. It was contended by the appellant that she was declared successful in the aforesaid examination and on the basis of her performance and over all merit she was assigned position at serial No. 1816 in order of merit which was communicated to her vide letter, dated 13/04/1993. It was further contended by the appellant that 25% seats out of total seats allocated for the State are reserved for MD/MS/ Diploma courses which are to be filled up as per rules and regulations specified by the Government of India, Ministry of Health and Family Welfare and for which All India Entrance Examination was conducted by All India Institute of Medical Sciences (for short "AIIMS"), New Delhi. It is further contended by the appellant that the candidates have to fill his / her application forms on the basis of his/her choice as well as the college/Institution which he/she desires to study within the (sic) successful candidates. In compliance with the requirements of the rules the appellant also submitted her choice for study and college in the following order of preference: Subjects Colleges 1. Gynaecology and Obst. Jaipur, Bombay 2. Paediatrics Ajmer, Udaipur 3. Ophthalmology Jodhpur, Ahmedabad 4. Medicine Bikaner.

(3.) During the course of hearing Shri Ajay Rastogi, learned counsel for the appellant submitted before us that on the basis of performance of the appellant in the Pre-Entrance Examination for MD/MS/Diploma course in the year 1993, the appellant had secured position in order of merit at serial No. 1816; whereas candidates who were much lower in the merit were given admission for the above course by the respondents contrary to the criteria and the rules governing the admissions for the year 1993. In support of his contention Shri Rastogi placed reliance on Annexure 2 to the writ petition (Office Order, dated 19-6-1993) issued by the office of the Principal and Controller of S.M.S. Medical College, Jaipur and attached Hospital, Jaipur from the perusal of which it is clearly apparent that in continuation of the earlier office order, dated 19/05/1993 issued by respondent No. 2 as many as 12 candidates ranging from Dr. Neha Mathur, merit No. 336 to Dr. Mini S. Nair, merit No. 1865, were given admissions to the subjects of their choice under the orders of Assistant Director General (ME), Directorate General of Health Services, Government of India, New Delhi vide order, dated 10/06/1993 on the basis of their performance in All India Entrance Examination for the year 1993. For the sake of convenience and ready reference the aforesaid candidates who were given admissions in terms of the aforesaid order are indicated below: Name of candidates Name of