Decided on September 04,2002



- (1.)The appellant, respondent no. 1 and respondent no. 2 had all sat for the entrance examination for admission to the postgraduate medical course for the session 1995-1996. The results were declared in august, 1996. It is not in dispute that respondent no. 1 earned higher marks and was placed in a higher position than the appellant in the list of successful candidates. The first counselling was held in june, 1997 when, however, neither the appellant nor respondent no. 1 were offered any placement. At the second counselling which was held in May 1998, the appellant was offered a seat in forensic science and respondent no. 1 in bio-chemistry. There is some dispute as to whether the appellant and respondent no. 1 accepted admission in the course offered to them. What is not in dispute is that in December, 1998, the appellant was offered placement in the department of social and preventive medicine which he accepted and respondent no. 1 was offered micro-biology which she accepted in January 1999. Subsequent to such acceptance, the appellant surrendered his MD seat on 15.2.1999 and prayed for accommodation in the courses of his choice, namely, diploma in child health. It may be mentioned that respondent no. 1 had also indicated her option for a diploma in child health. Nevertheless the respondent no. 1 was admitted in micro-biology course in January, 1999 as there was no vacancy then offered to either the appellant or respondent no. 1 in the course of their choice.
(2.)In June, 1999 there was a vacancy in the department of paediatrics (D. C. H. ) which could have been offered to the appellant or respondent no. 1 to complete the course of their choice. However, no notice was given to the respondent no. 1 who continued in the course of micro-biology. The offer was made only to the appellant. The appellant accepted the offer and joined the course in June, 1999.
(3.)Coming to know of the vacancy in the department of paediatrics and the failure of the respondent to intimate the respondent no. 1 of the same, the respondent no. 1 filed a writ petition before the High Court at Gauhati. The writ petition was allowed by the learned single judge who directed that fresh counselling should be held in respect of the vacant seat in the department of paediatrics. The decision of the learned single judge which was delivered on 2.2. 2000 was upheld in appeal by the division bench on 7.3.2000. The appellant approached this Court. Notice was directed to be issued and an interim order was passed directing that the status-quo as prevailing prior to the issuance of the order dated 2.2. 2000 to be maintained. During the pendency of the writ petition before the high Court also there was no interim order as a result of which the appellant continued to pursue the course for obtaining the diploma in child health (D. C. H. ). He successfully completed the course in June, 2001. He has been granted the post-graduate diploma from department of paediatrics (D. C. H. ) and this qualification has been registered in the office of Assam Council of Medical Registration on 17 July, 2001.

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