- (1.) This appeal is directed against judgment of learned Single Judge dated 09.09.2010 whereby writ petition, filed by respondent no.1/writ-petitioner Dr. Shubham Joshi, has been allowed by issuance of writ of mandamus cancelling admission granted to appellant Dr. Aditi Mittal in post graduation study course in M.D. (General Medicine) at SMS Medical College, Jaipur; and directing respondents No.2 to 4 to grant admission to respondent Dr. Shubham Joshi in PG course in M.D. (General Medicine) at S.M.S. Medical College, Jaipur and, in vacancy caused by his admission at Jaipur, appellant Dr. Aditi Mittal, who was initially given admission at Jaipur, was ordered to be admitted in the same study course in RNT Medical College, Udaipur.
(2.) Factual matrix of case is that both, appellant Dr. (Miss) Aditi Mittal and respondent no.1 Dr. Shubham Joshi, appeared in Rajasthan Pre PG Written Entrance Examination 2010; while appellant secured merit position no.21, respondent no.1 secured merit position no.22. Both of them also appeared in All India Pre PG Entrance Examination, 2010. Appellant secured merit position no.1318 therein, and merit position of respondent Dr. Shubham Joshi was lower than her at no.1361. Convener, Central Medical Admission Board at Bikaner, conducted first counselling on 13th and 14th of April, 2010 and therein appellant was allocated seat for admission in MD (Pediatrics) in SP Medical College, Bikaner, whereas respondent Shubham Joshi in the same counselling was selected for admission in MD (General Medicine) at RNT Medical College, Udaipur.
(3.) Director General of Health Services (for short, 'the DGHS'), vide its order dated 05.03.2010 provisionally selected appellant Dr. Aditi Mittal for admission to MD (Anesthesia) course at SGPG Medical College, Lucknow and required her to report at allocated college within 15 days from the date of allotment letter, failing which it was stated therein that she shall forfeit the claim for a seat under 15% of All India Pre PG quota and this offer of allotment shall be cancelled without any further reference. Likewise, respondent Dr. Shubham Joshi was also provisionally selected for admission to MS (General Surgery) Course at JLN Medical College, Ajmer with similar stipulation. It is not in dispute that while the appellant deposited fee and submitted admit card and rank letter in original with SGPG Medical College, Lucknow but she did not actually join the study course. She did not even submit other original documents with the said college at Lucknow. The respondent Dr. Shubham Joshi, however, opted not to accept admission in the Central quota offered to him in MS (General Surgery) at JLN Medical College, Ajmer, and decided to pursue the studies in MD (General Medicine) in RNT Medical College, Udaipur. The appellant Dr. (Miss) Aditi Mittal also joined the study course of M.D. (Pediatrics) with SP Medical College, Bikaner. In these circumstances, when the second counselling of the State PG quota was convened from 23rd to 25th of June, 2010, the appellant as well as the respondent both appeared therein. While the appellant was allocated seat of MD (General Medicine) in SMS Medical College, Jaipur, the respondent Dr. Shubham Joshi was admitted in the same specialty at RNT Medical College, Udaipur. In other words, even after change of specialty, he continued to pursue his studies in the same Medical College at Udaipur. Admission of appellant in MD (General Medicine) at SMS Medical College was objected to by respondent Dr. Shubham Joshi who submitted a written representation to the Admission Board precisely on the ground that since the appellant did not resign the seat of her admission in MD (Anesthesia) with SGPG Medical College, Lucknow, she according to clause 10 of the Notification dated 18.06.2010 issued by the Convener of the Central Admission Board, was not eligible for admission in MD (General Medicine) at SMS Medical College, Jaipur.;