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Judgment
Petitioner in W.P. No. 9646 of 1989 is the petitioner herein and the respondent therein are the three respondents herein.
The Writ Petition was filed to quash the communication dated 30-5-1989 of the first respondent and consequently direct respondents to
provide one seat in P. G. Medical Course in any one of the recognised Medical Colleges for which Entrance Examination was conducted- by the
All India Institute of Medical Science.
Petitioner/Appellant claims that he appeared for the All India Entrance Examination for admission to P. G. Medical Course (MD/MS/Diploma)
and Dental Courses (MDS) on open merit. His register number was A.131634 and he secured 491st rank among the 1776 candidates selected on
All India Basis. He was allotted a seat by the first respondent by communication dated 30-5-1989 in M.P. Shah Medical College, Jam Nagar,
Gujarat State. He was under the bona fide impression that the said institution is recognised by the Indian Medical Council; and therefore, he went
and joined the course on 6-7-1989 by paying the necessary fees. On enquiry, to his shock, he came to know that M.S. (Ortho) Course conducted
by the said college is not a recognised one, and immediately, he gave a representation on 10-7-1989 to re-allot him to anyone of the recognised
institutions. On 11-7-1989 he met the Assistant Director in person, and as the first respondent was not helpful, and as the said college insisted
upon candidates to execute a bond to serve in the State of Gujarat for three years, which is contrary to the scheme to which All India Selection
had been made; he had to file the Writ Petition.
On behalf of the respondents, it was contended that, when appellant had given first preference to the said college in the computer record sheet,
he cannot now state that he never opeted for this college, and that it being one of the colleges listed in the Annexure to the prospectus issued, and
since the Institution is a recognised one though the particular course is yet to be recognised; the relief as claimed could not be granted.
The learned Judge held that as he had opted for the said college in the Computer record sheet, and as he had filed the application on the footing
that he can be selected for anyone of the colleges mentioned in the schedule, he cannot raise any objection that the course is not a recognised one.
Since the learned Judge dismissed the writ petition, in this appeal it is contended by Mr. P. Shanmugam, learned Counsel that, if only any
indication is given in the prospectus that the said course conducted by the said college is un-recognised the appellant would not have opted for this
college at all. He further submits that when appellant had secured a high rank and wants to specialise in a particular field after undergoing the
course, he should not be disadvantageously placed by being told that he has undergone the course in an unrecognised institution. He also relies
upon S. 15(2)(b) of Indian Medical Council Act and states that if he is to practice without a recognised decree, he would be prosecuted under S.
15(3). Therefore, there being a misrepresentation made by respondents 1 and 2 in publishing the prospectus, the moment they came to know that
the particular course is not recognised, they should have allotted him to a college, wherein the course is recognised, when he had made seven other
options, which he is permitted to do under the prospectus.
6-A. In the prospectus issued, reliance is placed on the decision in Dr. Pradeep Jain and Others Vs. Union of India (UOI) and Others, based on
which Entrance Examinations are being conducted to enable meritorious candidates spread over the Country to secure admission for specialisation
in medical sciences. Cl. 5 therein deals with the eligibility criteria and one of the conditions imposed is that the applicant must be a candidate, who
holds a rcognised M.B.B.S. Decree from an approved Medical College or a foreign Medical Decree included in the Schedules to the Indian
Medical Council Act, 1956, and who has obtained full registration from it. It is also further stipulated therein as follows :
The candidates who have obtained their M.B.B.S. Decree from the Medical Colleges which are not recognised by Medical Council of India shall
not be considered for admission.
Therefore, when such a stipulation had been incorporated that only those who have passed out of approved/ recognised Medical Colleges could
apply; the admission to M.D. Course could be only in respect of institutions which are recognised by Indian Medical Council, and if in respect of
any particular course, the recognised institution had not obtained the approval/recognition; then no candidate could be allotted by the respondents
to that institutions. Sufficient care ought to have been taken by the respondents in the publication of the propectus and in calling for applications in
relating to several courses, after ascertaining as to whether for a particular course, recognition had been granted by the Indian Medical Council to
the concerned college. In respect of M. P. Shah Medical College, Jam Nagar, it is admitted that, even though it is a recognised college, in relation
to M.S. (Ortho.) Course, it has not yet been recognised. Hence, allotment of appellant to the said college to undergo the said course, was a gross
irregularity committed by respondents. There being no indication in the prospectus that for this course, it is not a recognised institution, he had no
doubt given the first option for this college, Apart from the first option given by him, he had given seven other options which is permissible i.e. they
being colleges covered by Code Nos.B-01, 02, 20, 23, 26, A-20 and B-21. Therefore, when he had given eight options, the respondents were
duty bound to allot him to anyone of the institutions, in which this course conducted by it is already recognised by the Indian Medical Council.
Under going a course in an unrecognised institution leads to innumerable difficulties to students. If ultimately after undergoing some portion of the
course or the entirety of the course, the course conducted by an institution is not recognised: the candidates cannot secure the decree. They cannot
also secure employment. As rightly pointed out, after undergoing the course, if he is to practise claiming to have undergone M.D. Course, he would
be punished under S. 15(3) of Indian Medical Council Act. When such grave consequences are to ensue by directing students to join colleges
which are not recognised by Indian Medical Council; the concerned students will be put to considerable peril. Admission of students into
unrecognised institutions had been deprecated by the Supreme Court in N.M. Nageshwaramma and Others Vs. State of Andhra Pradesh and
Another, . It was stated therein :
.....Training for a certain minimum period in a properly organised and equipped training Institute is probably essential before a teacher may be duly
launched.
It was also pointed out that passing of the examination would not be enough, and that if the Court is to permit those who have studied in
unrecognised institution to appear for examination, then the Court will practically be encouraging and condoning establishment of unauthorised
institutions. Therefore, it is highly improper where the said course is not recognised by the Indian Medical Council.
Though learned the said college and only later on came to know that the course was being conducted by it without obtaining recognition of the
Council. In issuing the prospectus, respondents ought to have clearly indicated as to which are the recognised colleges and which are the course in
these colleges recognised. In spite of being put on notice, if an applicant chooses to join an unrecognised college or a college which conducts an
unrecognised course, then such an opposition could be raised.
Therefore, the respondents are hereby commanded to allot the appellant to anyone of the seven other colleges for which the petitioners has
exercised option for M.S. (Orthopaedics) Course which is recognised by the Indian Medical Council on or before 25-1-1990, on production of
the steno copy of this order.
With this direction this writ appeal is allowed with costs. Counsel''s fee Rs. 1.000/-.
Appeal allowed.