G.H.GUTTAL, J. - (1.) In this petition under Article 226 of the Constitution of India, the petitioner seeks an order that she is entitled to admission to the Post Graduate Degree Course namely : M.D. in Obstetrics and Gynaecology in the place of respondent No. 3 at Swami Ramanand Tirth Medical College at Ambajogai.
(2.) The facts relevant for considerations of the petition are these, the petitioner passed her M.B.B.S. Examination in December, 1982. On 4th January, 1984, she completed her Intership and registered as Medical Practitioner with Registration No. 51450. After a short term as Houseman in Bombay, she was appointed as House Surgeon in Obstetrics and Gynaecology at the Swami Ramanand Tirth Medical College, Ambajogai, on 1st September, 1984, where she continued to work upto 15th February, 1985. From 26th February, 1985 to 31st July, 1985 she held House-Post in General Surgery in the same College. However, she continued to work in the House-Post in General Surgery for 12 days from 1st August, 1985 to 12th August, 1985, without a formal appointment. Her appointment for these 12 days awaits approval. While she worked as Houseman, as stated in the last paragraph, she was on casual leave from 15-12-1984 to 21-12-1984 (7 days). However, she tagged on a "leave" of 20 days from 22-12-1984 to 10th January, 1985, on the ground of maternity. Under the Rules, no leave can be joined to casual leave. That is why the authorities did not grant her leave of any kind for these 20 days between 22-12-1984 to 10-1-1985 but treated her absence as leave without stipend. On 20th August, 1985, she applied for registration for the Post Graduate Course in M.D. (Obstetrics and Gynaecology), on 29th August, 1985 a Committee of the College considered her application. The Committee held that the period of service of the petitioner as Houseman was only 4 months as against 5 months required by the relevant Rules. The Committee did not recommend her registration for the course of M.D. in Obstetrics and Gynaecology.
(3.) The Dean of the College-respondent No. 1 has made an affidavit, bringing out these facts:- i) The petitioner was appointed as Houseman in Obstetrics and Gynaecology from 1-9-1984 to 10-2-1985. This was one independent tenure. She was again appointed as Houseman in Surgery from 26-2-1985 to 31-7-1985. This was another tenure. For completion of House-post in Surgery she fell short by 12 days. Therefore, she was allowed to work for 12 days from 1-8-1985 to 12-8-1985 subject to the approval of the Director of Medical Education and Research, Bombay. (ii) The leave without stipend from 22-12-1984 to 10-1-1985 (20 days) cannot be counted towards completion of the period of Housemanship. (iii) Casual leave cannot be joined to any other leave. Therefore, her absence for 20 days cannot be counted towards completion of the Housemanship. (iv) No maternity leave is admissible while working as a Houseman. The period was only 7 days.;