- (1.) The petitioner applied for admission to the Post Graduate Course of M.D. in Pediatrics to Government Medical College, Patiala. After the selection had been made the petitioner filed an affidavit before the College authorities that Dr. Harminder Singh Virk, who had been offered the only vacant seat was in Canada with the result that the seat was being offered to the person who could not present himself as he was not in India. On the basis of the information supplied by the petitioner in his affidavit, the petitioner was admitted to the Post Graduate Course of M.D. in Pediatrics and he joined duty on January 31, 1983. The principal Medical College, Patiala, issued order dated February 2, 1983, (P-3) which reads :- "The provisional selection of Dr. Sunil Kapoor for admission to M.D. (Paediatrics) course January, 1983, session notified vide office notice No. 74 dated January 31, 1983, is hereby cancelled, as on re-checking it has been discovered that the name of a candidate with higher merit than him, has been omitted through an over sight."
(2.) The petitioner has assailed the order P-3 in the present writ petition. The learned Assistant Advocate General appearing on behalf of the official respondents has shown us the merit list of various candidates, including the petitioner for admission in Medical College, Patiala. Dr. Vivek Bagga, respondent No. 4, is senior in merit than the petitioner. The impugned order P-3 has been passed against the petitioner to facilitate the admission of Dr. Vivek Bagga respondent No. 4. In view of the seniority in the merit list, Dr. Vivek Bagga respondent No. 4 has a preferential right for admission in M.D. (Paediatrics). The impugned order P-3 being just and proper cannot be justifiably assailed by the petitioner.
(3.) The learned counsel for the petitioner has argued that the petitioner has since been admitted and keeping in view the hardship caused to him, the Medical College authorities should create another seat to enable the petitioner and Dr. Vivek Bagga respondent No. 4 to complete the course in M.D. Paediatrics. The contention is without merit. The decision in the matter of creating another seat is to be taken by the Medical College authorities by their own discretion and no direction in this regard can be issued to them. In the result, the writ petition fails and is dismissed with no order as to costs. K.S. Tiwana, J. :- I agree Petition dismissed.;