RAVI S.DHAVAN, J. - (1.) At the Maharani Luxmi Bai Medical College, Jhansi there is a competition between two doctors seeking admission into the Master of Surgery, the General Surgery Course. The petitioner has filed a Writ Petition No. 11417 of 1987; Dr. Kamal Kumar Sharma v. Principal, M.L.B.Medical College, Jhansi and others. The other writ petition, in effect, seeking relief for a direction for being admitted to the same course, is Writ Petition No. 12689 of 1987 : Dr. Rishi Bhatia v. Principal, M.L.B. Medical College and others. The Writ Petitions are being taken up for consideration.
(2.) At the outset this court would like to express dismay at the practice of Clerks and subordinate officials being sent to file affidavits when the respondents arrayed, ought to have answered the writ petition with their own affidavits. In the matter of Dr. Kamal Kumar Sharma, a clerk has answered the writ petition on behalf of the Principal of the Medical College. In the writ petition filed by Dr. Rishi Bhatia, a Store Keeper at the Medical College has replied to the writ petition by a counter-affidavit.
(3.) On behalf of the Principal of the Medical College in the writ petition filed by Dr. Kamal Kumar Sharma it is contended that six seats are available for the M.S. General Surgery Course, aforesaid and there is a tie between Dr. Kamal Kumar Sharma and Dr. Rishi Bhatia as both have secured equal marks of 54.51%, in reference to the merit standing at the M.B.B.S. examination. The recommendation of the Admission Committee being in favour of Dr. Rishi Bhatia, the admission, in the aforesaid course, was granted to the latter. It is contended that Dr. Kamal Kumar Sharma, in accordance with his second choice has been granted admission to M.D. Anaesthesia as he is not entitled for admission to the M.S. General Surgery Course. The vacancy exists, as admission granted to Dr. Rishi Bhatia had been stayed by the High Court by an ad-interim order.;