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Judgment
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These appeals arise out of (i) the judgment and final order dated 29.7.2019 passed by the High Court of Chhattisgarh at Bilaspur in Writ Petition (C) No.1363 of 2019 and (ii) the order dated 23.8.2019 dismissing Review Petition No. 153 of 2019 arising therefrom.
The issue involved in the matter is whether the candidature of the present appellant was rightly considered as "in-service candidate" for Post-graduate Diploma Course. The stand taken by the State-authorities as is evident from the counter affidavit filed in the present proceedings is as under:
"6. That the petitioner was granted admission in PG Diploma Course by the authorites interpreting the Rules of Chhattisgarh Medical Post Graduate Admission Rules, 2018 as "in-service candidate" on the basis of service rendered by the petitioner for more than 3 years. The submissions of the State were that past services rendered by a candidate should also be counted for determining the status of the petitioner as "in-service candidate". This submission was rejected by the Hon'ble High Court and direction was issued for cancellation of the admission of the petitioner.
That the petitioner had joined the PG Diploma course on 8.4.2019 in PJLMN Medical College Raipur and his provisional admission was cancelled on 19.9.2019. He had prosecuted his studies for more than five months."
As per record, appellant was given admission on 8.4.2019 and was undergoing training till his admission was canceled on 19.9.2019.
According to the record, there is no rival claimant in so far as the seat in question is concerned and since the course has already proceeded and more than six months have been completed, nobody else can be accommodated against the seat falling vacant as a result of cancellation of admission of appellant.
It was the consistent stand of the State that the appellant did qualify to be considered as "in-service candidate".
Without going into the merits or demerits of rival contentions and in the peculiar facts and circumstances of the present case and since the appellant has completed more than six months of actual training and there is no rival claimant who can be accommodated, we affirm the candidature of the appellant as "in-service candidate" for the course in question.
We therefore, allow this appeal, set aside the judgment and orders passed by the High Court.
Needless to say that the bond(s) and undertaking(s) given by the appellant shall continue to operate and he shall abide by every term thereof.