M.Y.EQBAL, J. - (1.) PETITIONERS are aggrieved by the decision of the respondents refusing to take admission of the petitioners in the P.O. Course of Medical Science without production of internship completion certificate.
(2.) PETITIONER appeared in the Post -Graduate Medical Admission Test (P.G.M.A.T.) 2001 held by Jharkhand Combined Entrance Competitive Examination Board and became successful. The respondents thereafter published a notice in the newspaper directing all the candidates to appear for counselling/interview scheduled to be held on 31.1.2002. Petitioners accordingly appeared but the respondents demanded certificate relating to completion of rotating internship. Petitioner was not allowed to participate in the counselling/interview without completion of internship certificate. Aggrieved by the said decision petitioners, moved this Court by filing W.P. (C) No. 688/2002. This Court after considering the relevant clause of the prospectus and the advertisement held that petitioners can not be allowed to appear in counselling/interview and is not eligible to be admitted in P.G.M.A.T. till completion of rotating inter - ship. However, this Court made certain observation to the effect that petitioner may approach the competent authority with a request to allow them provisionally to appear in the counselling/interview and to admit them after March. 2002 and the respondents may consider their case sympathetically. Petitioners case is that they approached the concerned authority and the authority allowed them to appear in the counselling but again they were directed for production of internship completion certificate for taking admission in the P.G. Course. Counter -affidavit has been filed by respondent Nps. 2 and 3 stating infer alia that petitioners are not qualified for getting admission in the P.G. Course in terms of advertisement. They have not produced certificate of rotating internship. It is stated that they are till today have not completed the rotating internship. Respondents denied the statements of the petitioners that in terms of the direction of this Court they were allowed to appear in the Counselling/interview.
(3.) AS noticed above, petitioners earlier moved this Court by filing W.P.(C) No. 688/2002. Learned Single Judge in his order considered Clause 3(3.1) of the prospectus which lays down the educational qualification and eligibility for appearing in P.G.M.A.T. 2001. The said Clause reads as under : "Qualification and Eligibility for Appearing in PGMAT, 2001. - -3.1 Educational : (i) The candidates must have passed MBBS Examination from any University/Medical College of Jharkhand State. (ii) The candidates must have completed the rotating internship. (iii) The candidates must have obtained permanent Registration from Medical Council of India or Jharkhand State Medical Council - (iv) The candidate who passed MBBS Examination from any Medical College which is included in the Schedule of the Indian Medical Council Act, and is situated outside Bihar is also eligible as per the directive of Honble High Court, Patna CWJC No. 12338/2000, provided he is a permanent resident of Jharkhand. (v) The candidates who have passed MBBS Exam from any Universit/Medical College as per the requirements above but have not completed the rotating internship may be allowed to appear in PGMAT -2001 on provisional basis but they must complete the rotating internship before the date of counselling/interview of PGMAT -2001, otherwise they will not allowed to participate in the counselling/interview. (vi) A candidate, who did not obtain permanent registration from Medical Council of India or Bihar State Medical Council but is otherwise eligible, may be allowed to appear in PGMAT -2001 on provisional basis but he must obtain the same within one month from the date of his admission in P.G. Course as per the rules of the Medical Council of India, failing which the admission of the candidates shall be cancelled. Also, he must be registered after admission under the concerned University within the period prescribed by that University.;