PETITIONER:
DR. MRS. SHEELA ASHOK PATWARDHAN
Vs.
RESPONDENT:
DEAN, DR. V.M. MEDICAL COLLEGE, SOLAPUR, & ORS.
DATE OF JUDGMENT24/11/1988
BENCH:
DUTT, M.M. (J)
BENCH:
DUTT, M.M. (J)
NATRAJAN, S. (J)
CITATION:
1989 AIR 382 1988 SCR Supl. (3) 959
1989 SCC (3) 362 JT 1988 (4) 513
1988 SCALE (2)1460
ACT:
Professional Colleges--Rules regulating appointment of
Housemen and House-Surgeons at the hospitals attached to the
Govt. Medical Colleges in State of Maharashtra--Rule X(2)--
M.D. Course--Admission to Eligibility of M.B.B.S. graduate
from A.P. State.
HEADNOTE:
Rule X(2) of the Rules regulating the appointments of
Housemen and House-Surgeons at the hospitals attached to the
Government Medical Colleges in the State of Maharashtra
provides that the Government may sanction supernumerary
posts to allow spouses of Government servants on transfer to
undertake studies, if standing high in merit, from another
college.
The appellant married to a Government Medical Officer
working in the State of Maharashtra after having passed
M.B.B.S. examination and completing one year internship from
a college situated in the State of Andhra Pradesh. On her
application, the Government of Maharashtra in exercise of
its power under rule X(2) created a Housepost in Obstetrics
and Gynaecology w.e.f. July l5. 1986 specifically and
categorically stating that the supernumerary Housepost was
created to enable the appellant to complete her post-
graduate studies at Dr. V.M. Medical College, Solapur,
respondent No. 2. The appellant joined the Housepost and
duly completed the same. However, she was refused admission
in the M.D. Course by respondent No.2 inasmuch as she was
not even issued an application form.
Being aggrieved, she filed a writ petition in the High
Court challenging the legality of the action of the
respondent refusing to admit her in the said post-graduate
M.D. Course. The High Court dismissed the writ petition
holding, inter alia, that no inference could be drawn that
everybody who completed the house-job was entitled to get
admission to the post-graduate cousre ipso facto and that
granting of registration for house-job would not amount to
admission to the post-graduate course in a Medical College.
Hence this appeal by special leave.
Allowing the appeal,
PG NO 959
PG NO 960
HELD: (l) All the seats in the post-graduate degree
course for Obstetrics and Gynaecology are not reserved for
the candidates passing the M.B.B.S. examination from the
said Dr. V.M. Medical College. It is not disputed that
certain percentage of seats are reserved for the students of
the College. But, no application form was issued to the
appellant and accordingly, the question of not admitting the
appellant on the ground of institutional preference or
institutional reservation of seats does not arise. [964F-G]
(2) The State of Maharashtra is entitled to refuse to
admit any student passing the M.B.B.S. examination from any
Medical College in the State of Andhra Pradesh as that State
has not reciprocated in the matter of admission to post-
graduate degree courses in Medical Colleges of that State.
[964G-H]
(3) The State of Maharashtra after considering all
facts and circumstances including the high merit of the
appellant specifically created a supernumerary Housepost for
the appellant. After creating the supernumerary Housepost
specifically for the appellant so as to enable her to become
eligible for the post graduate degree course, the
respondents are not at all justified in refusing her even an
application form and in not considering her case for
admission in the post-graduate degree course on the ground
of failure of reciprocity by the Andhra Pradesh State. It
was, therefore, unreasonable and unjust for the respondents
to refuse admission to the appellant on a ground which is
not at all tenable in the facts and circumstances of the
cases. [965C-F]
(4) Normally the Supreme Court does ot interfere in the
matter of admission of students in an educational
institution. Even if it interferes. it generally directs the
authorities concerned to consider the question of admission
in accordance with the rules of the institution. But, in the
peculiar facts and circumstances of the case, particularly
the fact that the appellant had to lose two years of her
academic career for no fault of hers, it is directed that
the respondents shall issue to her an application form for
admission in the post-graduate M.D. Course in Obstetrics and
Gynaecology and that alter the submission of the application
form and compliance with other formalities by the appellant,
she shall be admitted in the post-graduate course in
Obstetrics and Gynaecology in Dr. V.M. Medical College,
Solapur, in the 1989 session, provided she is not otherwise
unfit. [966B-D]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4128 of
1988.
PG NO 961
From the Judgment and Order dated 3.8.1988 of the
Bombay High Court in W.P. NO. 28 of 1987.
V.N. Ganpule and Mukul Mudgal for the Appellant.
A.S. Bhasme, B.R. Agarwala and Mrs. Sushma Manchanda
for the Respondents.
The Judgment of the Court was delivered by
DUTT, J. Special leave granted. Heard learned Counsel
for both the parties.
The appeal is directed against the judgment of the
Bombay High Court whereby the High Court dismissed the writ
petition of the appellant challenging, inter alia, the
legality of the action of the respondents refusing to admit
the appellant in the post-graduate M.D. Course in Obstetrics
and Gynaecology for the 1987 session.
The appellant passed the MBBS examination from the
Kakatiya Medical College under the University of Kakatiya.
Warangal, in the State of Andhra Pradesh. She obtained 72%,
66.63% and 67.5% marks in the first, second and third MBBS
examinations. She was awarded Governor’s Gold Medal by the
State of Andhra Pradesh for her consistent high merit at the
MBBS examinations. In August, 1985, she completed her one
year internship.
She married one Dr. Ashok Patwardhan, a Government
Medical Officer working in the State of Maharashtra. He was
transferred to Solapur in January, 1985. The appellant had
to come to Solapur in October, 1985 and since then she has
been residing there with her husband.
After coming to Solapur, she intended to prosecute her
studies in the post-graduate M.D. Degree Course in
Obstetrics and Gynaecology in Dr. V.H. Medical College,
Solapur, under the Shivaji University, the respondent No. 2.
Rules X(2) and (3) of the Rules regulating the appointments
of Housemen and House-Surgeons at the hospital attached to
the Government Medical Colleges in the State of Maharashtra,
hereinafter referred to as ‘the Rules’. provide as follows:
“X…………………………………………….
………………………………………………
PG NO 962
Government have from time to time sanctioned supernu-
merary posts–
(1)…………………………………………….
…………………
(2) to allow spouses of Government servants on transfer
to undertake studies, if standing high in merit (which
means not less than 55% at first attempt in the subject)
from another college;
(3) to allow students of other colleges in Maharashtra
to compete on merit for posts so as to conduct post-graduate
course for which facilities are not existant or very meagre
in their own college. These supernumerary posts should be
awarded after fullest consideration of these principles in
the above order and on merit and it is not incumbent to fill
all of them or to reserve them ………………………..
It is understood that granting of registration does not
absolve a candidate from competing on merit and if he cannot
earn post on merit, his registration would lapse for failure
to compete housemanship requirements ……………….”
The appellant made an application to the Government of
Maharashtra praying for the creation of a Housepost in
Obstetrics and Gynaecology under rule X(2) so as to enable
her to do post-graduate studies in Dr. V.M. Medical College,
Solapur. As she fulfilled and requirements of rule X(2),
namely, that she is the wife of a Government servant on
transfer and that she stood high in merit securing more than
55% marks in Obstetrics and Gynaecology in her MBBS
examination, the Dean of the College specifically
recommended her case for the creation of such a
supernumerary Housepost. While the application of the
appellant was under consideration, the appellant was
selected for a Housepost in Surgery in the said College. She
joined the Housepost in Surgery in January, ]986 and
completed the same in July, 1986. But, in order to be
eligible for post-graduate studies in Obstetrics and
Gynaecology, she was to join another Housepost in Obstetrics
and Gynaecology.
On July 2, 1986, the Government of Maharashtra in
exercise of its power under rule X(2) created a Housepost in
Obstetrics and Gynaecology with effect from July 15, 1986
specifically and categorically stating that the
PG NO 963
supernumerary Housepost was created to enable the appellant
to complete her post-graduate studies at Dr. V.M. Medical
College, Solapur. The Government resolution dated July 2,
1986 is extracted below:
“Government hereby grants permission for creation of
one supernumerary non-stipendary post of Houseman with
effect from 15.7.1986 for a period of six months at Dr.
Vaishampayan Memorial Medical College, Solapur, to enable
Dr. Mrs. S.A. Patwardhan to complete her Post Graduate
Course in the subject of Gynaecology and Obstetrics.
Mrs. Patwardhan should join the said post within 10
days from 15.7.1986. In the event of her not joining the
said post will be treated as abolished.
By order and in the name of the Governor of
Maharashtra.
Sd/-
J.P. Budhwant
Deputy Secretary
Govt. of Maharashtra”
The Dean of the College called upon the appellant to
join the Housepost and not to quit the same before
completing the term inasmuch as the Housepost was
specifically created to enable the appellant to complete her
post-graduate studies at Dr. V.M. Medical College, Solapur.
The appellant joined the Housepost and duly completed the
same. The Dean of the College issued an advertisement
inviting applications for the post-graduate seats in various
disciplines for January, 1987 batch. The appellant made an
application praying for the issuance of an application form
for the M.D. Course in Obstetrics and Gynaecology, but no
such form was issued to her. In other words, the appellant
was refused admission in the M.D. Course at Dr. V.M. Medical
College, Solapur.
Being aggrieved by the action of the Dean of the
College, the appellant filed a writ petition in the Bombay
High Court. The High Court, as stated already, dismissed the
writ petition holding, inter alia, that no inference could
be drawn that everybody who completed the house-job was
entitled to get admission to the post-graduate course ipso
PG NO 964
facto and that granting of registration for house-job would
not amount to admission to the post-graduate course in a
Medical College. Hence this appeal.
There can be no doubt that there is no question of
automatic admission in the post-graduate course, simply
because one has completed the house-job or housemanship. It
is not the case of the appellant that as she completed the
housemanship, she has acquired a right of automatic
admission to the post-graduate degree course in the said
College. Her complaint is that she was not even given an
application form for the post-graduate degree course. The
College authorities or the University did not at all
consider her case for admission. The High Court has not
considered this aspect of the appellant’s case.
It is contended by the learned Counsel appearing on
behalf of the respondents that in view of the provision in
the Rules giving institutional preference in the matter of
admission, the appellant could not be admitted. The other
ground that has been urged on behalf of the respondents is
that as the appellant passed the MBBS examination from the
Kakatiya University in the State of Andhra Pradesh and as
there is failure on the part of the State of Andhra Pradesh
to reciprocate with regard to reservation of 25% of the
total number of seats in the matter of admission to post-
graduate degree course in Medical Science, the respondents
were justified in refusing admission to the appellant.
So far as the first contention is concerned, we do not
think that there is any merit in the same. All the seats in
the post-graduate degree course in Obstetrics and
Gynaecology are not reserved for the candidates passing the
MBBS examination from the said Dr. V.M. Medical College,
Solapur. It is not disputed that certain percentage of seats
are reserved for the students of the College. But, no
application form was issued to the appellant and,
accordingly, the question of not admitting the appellant on
the ground of institutional preference or institutional
reservation of seats does not arise. In our opinion, the
first ground founded on institutional preference seems to be
a mere plea. The real ground for refusal to issue even an
application form for admission to the appellant is the
failure of reciprocity on the part of the State of Andhra
Pradesh. The State of Maharashtra, in our opinion, is
entitled to refuse to admit any student passing the MBBS
examination from any Medical College in the State of Andhra
Pradesh, as that State has not reciprocated in the matter of
admission to post-graduate degree courses in Medical
Colleges of that State. But, in the facts and circumstances
PG NO 965
of the present case, the respondents are not at all
justified in refusing to admit the appellant in the
postgraduate degree course. The most glaring fact in this
respect is that on the prayer of the appellant a
supernumerary Housepost was created so as to enable the
appellant to become eligible for the post-graduate degree
course. It is not the case of the respondents that they were
not aware of the fact that the appellant had passed her MBBS
examination from a Medical College in the State of Andhra
Pradesh. Indeed, it has been categorically averred by the
appellant that in her application for the creation of a
supernumerary Housepost, she disclosed all facts including
the fact of her passing the MBBS examination from the said
Medical College in the State of Andhra Pradesh. The State of
Maharashtra after considering all facts and circumstances
including the high merit of the appellant specifically
created a supernumerary Housepost for the appellant. After
the appellant had completed her house-job and applied for
the issuance of an application form for the post-graduate
degree course, she was refused an application form,
presumably on the ground that she had passed her MBBS
examination from a Medical College in the State of Andhra
Pradesh. In our opinion, the appellant could be refused at
the very outset, that is to say, her application for
creation of a supernumerary Housepost could be turned down
on the ground of failure to observe reciprocity by the State
of Andhra Pradesh. But, after creating the supernumerary
Housepost specifically for the appellant so as to enable her
to become eligible for the post-graduate degree course the
respondents, in our opinion, are not at all justified in
refusing her even an application form and in not considering
her case for admission to post-graduate degree course, on
the ground of failure of reciprocity by the Andhra Pradesh
State. We fail to understand how the College authorities and
the Government could take this attitude so far as the
appellant is concerned. In our opinion, it was unreasonable
and unjust for the respondents to refuse admission to the
appellant on a ground which is not at all tenable in the
facts and circumstances of the case.
It is not disputed that the appellant has all the
requisite qualifications for admission in the post-graduate
degree course. She applied to admission in the session
commencing from January, 1987, but she was not admitted. The
1988 sessions has also passed, as the appellant had to file
a writ petition before the High Court of Bombay which, as
noticed already, was dismissed by the High Court. The
appellant prays that she may be admitted in the post-
graduate course in Dr. V.M. Medical College in the 1989
session.
PG NO 966
The facts stated above reveal that the appellant has
been harassed to a great extent. She was misled by the fact
of the creation of a supernumerary Housepost for her by the
State of Maharashtra. She has already lost two years of her
academic career. Normally, this Court does not interfere in
the matter of admission of students in an educational
institution. Even if it interferes, it generally directs the
authorities concerned to consider the question of admission
in accordance with the rules of the institution. But, in the
peculiar facts and circumstances of the case,
particularly the fact that the appellant had to lose two
years of her academic career for no fault of hers, we direct
the respondens to issue to her an application form for
admission in the post-graduate M.D. Course in Obstetrics and
Gynaecology and we further direct that after the
submission of the application form and compliance with other
formalities by the appellant, she shall be admitted in the
post-graduate course in Obstetrics and Gynaecology in Dr.
V.M. Medical College, Solapur, in the 1989 session, provided
she is not otherwise unfit. The learned Counsel appearing on
behalf of the Indian Medical Council also supports the case
of the appellant for her admission in the 1989 session.
The judgment of the High Court is set aside and the
appeal is allowed. There will, however, be no order as to
costs.
M.L.A. Appeal allowed.