BHAVNA P PATEL DR MISS Vs. DEAN GOVERNMENT MEDICAL COLLEGE BARODA

JUDGEMENT

(1.) The petitioners who have passed their final M. B. B. S. examination from the M. S University of Baroda in November 1978 challenge in this petition the notices dated 4/01/1980 and Janu 19/01/1980 at Annexure D and F respectively as well as the merit list prepared by the Dean Medical College Baroda Annexure G to the petition. The impugned merit list is prepared by the Dean. Medical College Baroda respondent No. 1 herein for the purpose of appointing candidates to the posts of Houseman at the Government Medical College Baroda. The petitioners contend that the impugned merit list has been prepared by the 1st respondent on total misconception of the judgment of this Court delivered in Special Civil Application No. 1516 of 1979 decided on 1/08/1979 by the Division Bench consisting of Divan C. J. and R. C. Mankad J. (DR. NIKHIL V. VACHHARAJANI V. STATE OF GUJ. & ORS. (1979 (2) XX(2) G.L.R. 109.)

(2.) In order to appreciate the controversy posed for consideration in the present proceedings it is necessary to have a glance at the relevant facts. The petitioners have passed their final M.B.B.S. examination from the M. S. University of Baroda in November 1978. The said University is joined as respondent No. 3. The petitioners have completed their internship for a period of one year starting from 15/12/1978 and extending up to 14/12/1979. The petitioners contend that they are eligible to be appointed as Housemen at the S. S. G. Hospital and the Government Medical College at Baroda The said hospital and the Medical College are run by respondent No. 4 the State of Gujarat. The case of the petitioners is that the respondents Nos. 1 and 2 are the authorities to whom the applications are required to be made for appointments to the posts of Housemen and for approval thereof. The 4th respondent has framed rules for appointments to the posts of Housemen and Registrars at various Government Medical Colleges and Hospitals in the State of Gujarat. Usually the Government frames Rules in consonance with the regulations approved and adopted under the provisions of the Indian Medical Council Act 1956 The Government of Gujarat had by resolution of Panchayat and Health Department bearing No. MCG-1074-5100-N dated 7/08/1975 superseded its earlier orders and approved the rules for the appointments of Registrars and Housemen at the Government Medical Colleges and attached teaching hospitals. As per these rules the candidates who passed their M.B.B.S. degree examinations became eligible for appointment as Housemen. Under rule 6 thereof the eligibility of candidates for appointment to the posts of Housemen was required to be ascertained on the basis of total marks obtained by the concerned candidates at the final M.B B.S. examination according to the preferential category. This rule 6 is required to be reproduced in extenso at this stage and .it reads as under :

(3.) The Director of Medical Education and Research Ahmedabad should be requested to bring these orders to the notice of all Deans of various Medical Colleges in Gujarat for information guidance and necessary action accordingly.