ABU NASSAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in these two writ petitions relates to eligibility for admission to the Post Graduate Medical Course of candidates who have already been admitted in Post Graduate Degree/Diploma course on the basis of an earlier entrance test. The petitioners have questioned the admission of the private respondents in different subjects/disciplines of the Post Graduate Medical Courses. In CWJC No. 659/2002 they are respondents 5 to 8, in CWJC No. 5121/2002 they are respondents 7 to 10.

(2.) The admission to the Post Graduate Medical Degree/Diploma courses in the Medical Colleges of the State of Bihar is taken on the basis of common entrance test called post Graduate Medical Admission Test (PGMAT). As per the scheme of admission a merit list is prepared on the basis of marks secured in the written test Thereafter candidates securing qualifying marks in order of merit are called for counselling/interview also for verification of original documents and identity by personal appearance. The course- degree or diploma and the college is allotted to the candidates on the basis of merit cum choice. For admission to the various degree and diploma courses for the academic session 2001-2002 PGMAT 2001 was held on 20-6-2001. On 28-6-2001 the result of the successful candidates was published. It may not be out of place to mention that for admission in 2001-2002 academic session the qualifying marks was 50% for the general candidates and 40% the candidates belonging to reserved categories i.e. Schedule castes, Scheduled Tribes and other Backward Classes. Candidates securing the qualifying marks were called for counselling on 21-10-2001 and 22-10-2001. Some seats remained vacant in the reserved categories on account of non-availability of the qualified candidates. Further, certain vacancies occurred on account of non-joining or abandonment of the course by the candidates allotted particular course/college in the earlier counselling. Accordingly, advertisement was published on 1-1-2002 for another counselling to be held on 12-1-2002. The petitioners of CWJC No. 659/2002 in the meantime filed representation on 27-11-2001 pointing out that certain candidates had been admitted in violation of the condition contained in Para 8.2 (xi) of the Prospectus. On 17-1-2001 this Court in the case of Dr. Yashwant Kumar and Ors., 2001(1) PLJR 556, upheld the validity of the similar clause contained in Para 8.2 (xii) of the Prospectus of PGMAT of 2000 holding that if a candidate has been admitted in the Post Graduate Degree/Diploma course in any speciality then he will not be eligible for admission in another speciality of the Post Graduate Degree/Diploma course course except that he could be admitted in the Degree course in the same speciality. However the order was made applicable from the next academic year i.e. 2001-2002. The respondents however again admitted candidates already admitted in another course on the.basis of earlier admission test in violation of the bar contained in Para 8.2 (xi) of the Prospectus of 2001 PGMAT in the academic session 2001-2002. The petitioners have come to this Court challenging the admission of such candidates in violation of Para 8.2 (xi). Some of the candidates were later added as respondents 5 to 8 in CWJC No. 659/2002 and respondents 7 to 10 in CWJC No. 5121/2002.

(3.) It is relevant to mention that the details of the examination, eligibility of the candidates, terms & conditions of selection, admission, training etc. are mentioned in the prospectus. It is part of a document called 'Application Form and Prospectus'. The second part of it contains the format of the application which the candidates are supposed to fill in their own hand. The binding nature of the terms and conditions etc. of the Prospectus, therefore, cannot be doubted, Para 8 deals with the method of selection and admission. While Para 8.1 deals with the merit list, Para 8.2 refers to counselling/ interview. Clause (xi) which is the focal point of dispute may be quoted as under:-- "If a candidate who has been admitted in a P.G. Degree/Diploma course in any speciality, then he will not be eligible for admission in a Post Graduate Degree or Diploma course of another speciality. However if a candidate has been admitted in Post Graduate Diploma course of any speciality, then he will be eligible for admission in a Post Graduate Degree course of the same academic session."