AI Structured Summary
Not yet generated for this judgment
Judgment
Justice Kurian Joseph, C.J.—The issue raised in these writ petitions pertains to the claim made by the petitioners for admission to the PG Courses. True, there is a challenge to the prospectus. All the petitioners belong to the category of GDOs. As per prospectus, 90% of the seats are to be allocated to the GDOs and 10% to the Direct in the 50% of State quota seats. Selection is conducted by way of entrance test. The petitioners could not clear the entrance test. Their case is that they have appeared in Centralized Competitive Test for admission to the PG Courses, DNB being a PG Course, and therefore, they should be considered for the vacant seats in the GDO quota. Learned Additional Advocate General points out that the quota is not a guarantee and that admission in respect of quota would depend on the GDOs, clearing the entrance test and thus become eligible. On facts, we find that after the 2nd round of counselling also, there are a few seats available, 6 in IGMC, Shimla and 7 in Medical College, Tanda in degree and in diploma 4 in IGMC, Shimla.
As per the MCI Regulations, the admission to the PG Courses is to be made either on the basis of competitive test conducted by the State Government or by the competent authority or on the basis of the merit, as determined by the Centralized Competitive Test held at the national level or on the basis of individual cumulative performance at the 1st, 2nd and 3rd and MBBS examination, if such examinations have been taken in the same University, or combination of the 1st and the last. The State has adopted the first. If in that method any seats remain unfilled in one category, they will go to the other category.
A similar situation arose last year also and this Court in the judgment in CWP No. 4598 of 2011 and connected cases decided on 29.6.2011, has taken the view that in case there are candidates available with the qualifications as prescribed by the MCI, they should be considered for the vacant seats. It was also observed that in case there are still seats available, it should be given to those candidates possessing DNB in the GDO category.
Therefore, there will be a direction to the respondents to fill up the remaining seats, giving first preference to those GDOs who have qualified All India PG (MD/MS) Entrance Examination, 2012 and if still seats are remaining vacant, the candidates among the direct with the above qualification shall be considered. In case there are still seats vacant, the same shall be allotted to the GDOs who have passed the DNB and thereafter to any direct DNB candidate.
Learned senior counsel for the petitioners submits that the State Government having prescribed quota to the GDOs, meaningful steps should be taken to see that quota is made available till it is fully exhausted. In other words, according to the learned senior counsel, even if the GDOs do not possess the qualification of passing the competitive test conducted by the State, in case they possess the alternate qualification prescribed by the Medical Council of India, they should be considered till the quota is exhausted. It is a matter certainly open to the State Government to consider while issuing prospectus for the year 2012-13. We make it clear that it will be open to the State to consider whether the GDOs possessing the qualification of DNB, can also be considered in the absence of candidates, who possess other prescribed qualifications. With these observations, the writ petitions are disposed of, so also the pending application(s), if any.
Authenticated copy.