G.C. Garg, J. - (1.) Dr. Satish Kumar Solanki, petitioner competed for admission to M.D. (Medicines) Course, Group I and II in Govt. Medical College and Hospital, Rohtak. On the basis of his merit in the examination and interview, he could not get admission in the said course. He was, however, granted admission in Diploma in Medical Radio Diagnosis (D.M.R.D) for which he had also competed. Admission to M.D. and M.S. Courses was finalised in April, 1991. The petitioner having been denied admission in M.D. Medicines, Group I or Group II, approached this court for the issuance of a writ of mandamus directing the respondents to admit him to the said course on the basis of his merit, the seats being still available.
(2.) On June 12, 1991, while issuing notice of motion, for July 17, 1991, this court ordered that the petitioner shall be admitted to Group-II, M.D. Medicine, provisionally at his own risk and responsibility, if there was a vacant seat. On July 17, 1991, none appeared on behalf of the respondent despite the case having been called twice. The writ petition was consequently admitted to regular hearing and an interim direction to admit the petitioner to Group-II M.D. Medicines provisionally at his own risk and responsibility was again issued to the respondents. The petitioner was consequently admitted to the aforesaid course and he is continuing his studies. Written statement was filed in August, 1991 on behalf of the University, respondent No. 1. No written statement has been filed on behalf of respondent Nos. 2 and 3. In the written statement, the stand of the University is that no seat is lying vacant in M.D. (Medicines) Group-I or II, and out of the two available seats in M.D. (Medicines) Group-II, Dr. Kailash Chander Singhal and Dr. Sandeep Miglani have been granted admission by the orders of the High Court. It was thus sought to be justified that the petitioner was not entitled to admission in M.D. (Medicines) Group-II.
(3.) During the pendency of the writ petition, the petitioners moved a Civil Misc. Application No. 613 of 1992 praying that the respondents be directed to release his salary with effect from August 7, 1991. Notice of this application was issued to the Advocate General, Haryana but despite several opportunities, no reply was filed to the application. It was ultimately ordered that the salary of the petitioner be released with effect from August 7, 1991 in terms of the Prospectus of the M.D. University, Rohtak, 1990 Edition and the provisions contained under the Head Note "Salary for the P.G. Students".;