S K. Mookerji. J. - (1.) THIS .writ petition has been filed by Dr, Pankaj Kumar Srivastava for a writ of mandamus commanding the respondeat to admit him in M.Ch. (Plastic Surgery Course in the year 1993 and permit him to complete the same and award the degree Counter affidavit has been filed.
(2.) IT appears that the petitioner did not qualify on the basis of the examination as required under leaflet, a copy of which is Annexure-5 to this writ petition Dr. Kaushal Kumar was admitted in the aforesaid Course The petitioner, no doubt, equalled the mark of Dr. Kaushal Kumar but the rule under that circumstances was applied to the case of the petitioner' resulting into his elimination. The rule has been applied without any discrimination. Secondly, the petitioner claims admission in separate category 'sponsored category' as mentioned under rule 4 (ill) of the aforesaid leaflet. Admittedly the petitioner is not an applicant or candidate fulfilling the requirement for the sponsored category. Hence the rule for sponsored category is not at ail applicable to the petitioner. Even, in case, there Is a vacancy in the number of seats for sponsored category, there Is no rule brought to my notice to fill up such seats by the candidates of petitioner's nature (residency candidate). In the absence of such rule this Court refuses to issue mandamus to the respondent for absorbing the petitioner against the seat meant for sponsored category although IT Is vacant. Under the circumstances, it is true, that a writ of mandamus as claimed, cannot be claimed However, the career of the petitioner is, no doubt, quite good and he equalled the mark obtained by Dr. Kaushal Kumar. It is also admitted position that there is a vacancy in the 'sponsored category' and the seat has not been filled in for not getting the suitable candidate in that category. I am conscious that this court cannot issue a direction to fill up the vacancy of 'sponsored category' by a candidate of 'residency category' like the petitioner. However, this court can recommend to the respondent for "considering the case of the petitioner for admission under the sponsored category. This Court strongly recommends the case of the petitioner for appropriate orders by the respondent. With the above observations, this writ petition is finally disposed of.;