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TMI Blog1983 (10) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... ious problem with the coming up of medical colleges which started growing like mushrooms and were charging huge capitation fees to make substantial profits without providing proper medical education and caring precious little for achieving excellence of standards in medical education which, if denuded of such standards, would pose a serious health hazard to the people. Surely, we would not wish that people who could ill-afford to go in for well equipped expensive medical practitioners should be thrown at the mercy of quacks. Similar situation arose in technical, engineering and other kinds of institutions but we would concentrate on the feature and facets of medical education which alone forms the subject-matter of these appeals. We have seen from our experience that each year there is a huge rush for admission to seats in medical colleges for various courses, which being rather few and insufficient to control or absorb all sorts and kinds of candidates as the well-known Persian proverb JAYE TANG AST WA MARDUMA BISYAR (i.e. little space and people many) seems aptly to apply in such a situation. However, in order to meet the contingency resulting from a heavy rush for admissions the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisional admission should not be given as a matter of course on the petition being admitted unless the court is fully satisfied that the petitioner has a cast-iron case which is bound to succeed or the error is so gross or apparent that no other conclusion is possible. n order, however, to test this fact even a short notice may be given to explore as to what the other side has to say and thereafter if the court is satisfied that there is strong prima facie case and the matter needs thorough examination, provisional admission may be given. We hope and trust that the High Courts would in future discontinue the practice of lightly granting provisional admission to the candidates at the time of regular admissions, as observed above. It is needless to state that this Court on its part would also be extremely reluctant to grant provisional admission and would do so only in a very special case. The fundamental reason for this is that otherwise the institutions are likely to become overcrowded by candidates, eligible or ineligible, efficient or inefficient. Unless the Institutions can provide complete and full facilities for the training of each candidate who is admitted in the various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the State and other details have been very clearly set out in the judgment of the High Court and it is not necessary for us to repeat the same all over again. 7. The appeals arise out of the admissions sought by several candidates to the M.D.M.S. courses for the year 1981-82, the session starting from 1.4.1981. In order to regulate the admission of the candidates to the M.D.M.S. course the Government by an Order dated 3.12.80 laid down the tests and criteria for admitting the candidates to the courses in various disciplines. The High Court has rightly pointed out that there are diverse modes of determining one's merit which, in our opinion, is of prime importance because while admitting candidates to M.D. course every precaution should be taken to rule out inefficiency or incompetency lest the candidate admitted and passed, turns out to be a serious health hazard to the people who are to be treated by him. The High Court further pointed out that merit should be determined with reference to good academic career or to the performance at the last M.B.B.S. examination or at the last qualifying examination. It is common ground that in these cases of the candidates, they had pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was made Under Section 28(5) of the U.P. State Universities Act, 1973 (U.P. Act No. X of 1973) (for short, hereinafter to be referred to as the 'Act'). The High Court also correctly found that merely because a candidate happens to obtain a Diploma after passing MBBS Examination in any subject he would not be entitled to weightage for otherwise the entire complexion of pure merit and suitability as intended by the Government Order, which does not provide for any such weightage, would be set at naught. 9. This now brings us to the relevant provisions of the Rules framed by the Medical Council of India on the recommendations of Postgraduate Medical Education which were adopted in February 1971, i.e. long before the present writ petitions were filed in the High Court. The relevant portions of the Rules may be extracted thus : (1) For M.D./M.S. Degree in clinical subjects, there shall -be proper training in basic medical sciences related to the disciplines concerned as well as paper in these subjects at the examination. In the case of M.D. M.S. in basic medical sciences there should be training in applied aspects of the subject and a paper on the Subject. (2) Thesis should be. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Houseman ship should preferably be for one year in the same subject, or at least six months in the same department and the remaining six months in an allied department. Provided that in departments like Radiology/Aneesthesiology/ Physical Medicine Rehabilitation where suitable candidates who have done houseman ship in the respective subject for the respective speciality are not available then the houseman ship in Medicine and/ , or in Surgery may be considered as sufficient. 13. The above rule clearly provides that the candidates must have done one year's houseman ship prior to admission to the post-graduate degree or diploma course preferably in the same subject, which has been technically called as 'discipline', or atleast six months in the same department and the remaining six months in an allied department. It further lays down that in order to determine the merit of a candidate for admission to post-graduate medical courses the following three factors must be taken into consideration : (1) his performance at the MBBS examination, (2) his performance during the course of internship and houseman ship for which a daily assessment chart should be maintained, and (3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at this concession was made because the candidates concerned had secured pretty high percentage and since they had completed the course in the peculiar facts and circumstances of the case. As far as C.A. No. 3045/82 filed by the State against the decision of the High Court is concerned, the view taken by the High Court is unsustainable. The High Court could not have given a go by to the rules framed by Admission committee. It was a matter for decision of the academic body and since the academic body had applied the rules in a bona fide manner to all the students equally, there was no jurisdiction whatsoever on the part of the High Court to interfere with the internal working of an academic institution concerned with imparting higher education in the field of post-graduate course in medicine. The Rule prescribing that houseman ship must be in the same subject is not inconsistent, with the Ordinance. It is supplementary to the Ordinance and amplifies the same. Hence there is no inconsistency and the High Court was therefore clearly wrong. However, as the counsel for the State has agreed to declare his result we do not pass any order for reversing the directive issued by the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arks than her viz., Dr. Ganguly (59.23)%, Dr. Agarwal (57.40%), Dr. Jain (56.9%) and Dr. Upadhyaya (55.33%). She could not therefore have secured admission in any event. She cannot therefore complain of discrimination. For these reasons, therefore, we affirm the decision of the High Court and dismiss C.A. 144/82 without any order as to costs. 23. C.A. No. 145/82 has been filed by Dr. V.K. Kohli. After going through the judgment of the High Court and hearing counsel for the parties we entirely agree with the view taken by the High Court which seems to us to be unexceptionable on merits and must be confirmed. The appeal is therefore dismissed without any order as to costs. 24. Coming now to C.A. No. 595/82 which has been filed by the State it seems to us after hearing counsel for the parties that the stand taken by the State is absolutely correct and for the reasons that we will give hereafter we find it impossible to support the judgment of the High Court. 25. To begin with, Dr. Vijay Narain Sinha who was being considered for admission to the M.S. course in Orthopaedic surgery had obtained only 43% marks in the aggregate and happened to be the last candidate in the list of persons w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not devise its own criterion for admission. Since the academic body has made the marks obtained in MBBS examination the criterion, admission had to be made by such a criterion. The High Court could not have introduced its own notions in such an academic matter. The High Court was not competent to do so and had no jurisdiction to import its own ideology. 27. The High Court further observed that the respondent appears to be a very dedicated worker having acquired a diploma and would have proved an invaluable asset, to the Institution. We do not see any proper material for this conclusion to which the High Court has suddenly jumped apart from the fact that admissions were not to be given by the High Court according to its own notions. Finally, in his own petition in the High Court, the respondent had merely prayed for a writ directing the State or the college to consider his case for admission yet the High Court went a step further and straightaway issued a writ of mandamus directing the college to admit him to the M.S. course and thus granted a relief to the respondent which he himself never prayed for and could not have prayed for. Such a gross discrimination made in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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