TMI Blog1988 (8) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... s the PG course in MD/MS) falling vacant in the midst of , or towards the end of , an academic year which, we believe, is a problem facing all the States. First the facts. In these cases, the facts are not in dispute. In Dr. Ajay Pradhan s case, for the academic year 1986-87 commencing from September 1986, there were nine seats reserved for the post-graduate course in the clinical subject of General Medicine for the G.R. Medical College, Gwalior. All the nine seats were filled by the Dean, Medical College from amongst candidates strictly on the basis of merit i.e. by candidates placed at serial Nos. 1 to 9 on the recommendation of the College and Hospital Council. The appellant Dr. Ajay Pradhan who was placed at serial No. 15 obviously could not be given admission to the P.G. course in M.D. in General Medicine and was instead placed at serial No. 6 in the waiting list. Later on, he was given admission to the Diploma course in Radiology on 4. 10.86 and he duly joined that course on 6.10.96 but failed to appear at the examination. On 11.7.87 Dr. Arun Yadav, one Of the Selected candidates, who stood first in the merit list and was admitted to the P.G. course in M.D. in General Medic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course in MD/MS falling vacant in a medical college in the midst of or towards the end of an academic year to which it pertains. A further question arises in one of these appeals as to whether the State Government has the power to transfer a seat in any of the disciplines in the PG course in MD/MS reserved for a medical college to another medical college in the State in order to accommodate a particular post-graduate student. The Medical Council of India constituted under the Indian Medical Council Act. 1956 and one of whose duties is to prescribe the minimum standards of medical education, made recommendations on February 12/13, 1971 prescribing uniform standards for post-graduate medical education throughout India which having been approved by the Government of India and as revised from time to time, have the status of Regulations under s. 33 of the Act. The Regulations framed by the Medical Council of India provide inter alia for the different specialities for which PG courses in MD/MS as also Diploma courses in certain disciplines may be conducted, and the norms for admission of students to the PG courses in MD/MS as also to the Diploma courses. According to the Regulati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which seats available in any particular year are to be filed, and is in these terms: 10. The seats available in any particular year will be filled up in that year. No candidates will be admitted against the seats remaining vacant from previous year. We must interpret r. 10 by the written text. If the precise words used are plain and unambiguous, we are bound to construe than in their ordinary sense and give them full effect. The argument of inconvenience and hardship is a dangerous one and is only admissible in construction where the meaning of the statute is obscure and there are alternative methods of construction. Where the language is explicit its consequences are for Parliament, and not for the Courts, to consider. Where the language of an Act is clear and explicit , said Viscount Simon in King Emperor v. Bensari Lal Sarma, LR (1945) 72 Ia 57 at p. 70, we must give effect to it whatever may be the consequences for in that case the words of the statute speak the intention of the legislature . We do not see why the same rule of construction should not apply to the Rules framed by the State Governments under Art. 162 of the Constitution. On a plain construction, r. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te student has not only to write a dissertation or thesis under the supervision of the Professor or Associate Professor who is his guide, but has also to take part in seminars, group discussions, clinical meetings besides attending classes. There is also emphasis on in-service training and not on didactic lectures. The in-service training requires the student to be a resident in the campus and he has the graded responsibility in the management and treatment of patients entrusted to his care. For this purpose, adequate number of posts of clinical residents or tutors are created. The period also includes adequate training in the basic sciences of Anatomy, Physiology, Bio-Chemistry, Bio-Physics. Pharmacology and Pathology in all aspects relevant to the speciality concerned. He is also required to participate in the teaching and training programmes of under-graduate students or interns in their subjects. The examination for the PG course in MD/MS consists of (i) thesis or dissertation, (ii) written papers. (iii) clinical, oral and practical examination. There are four theory papers for the post-graduate degree examination, of which one has to be on Applied Basic Sciences. The clinical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es or very soon thereafter so that the new-comer does not suffer serious loss of studies due to belated admission. We are in complete agreement with the view expressed by the learned Judge. We shall now deal with a couple of decisions to which we were referred to by learned counsel for the appellants during the course of their arguments. It was submitted that the High Court has consistently been taking a view that it has the power as well as the duty to issue an appropriate writ, direction or order for the backlog of seats to be filled up whenever it finds that the authorities have acted in violation of the norms prescribed by the relevant rules and a deserving candidate has been wrongly denied admission to such a professional course of studies. It seemingly appears to be so, but on closer scrutiny the decisions relied upon are clearly distinguishable on facts. There are three decisions we must mention: Dr. Mrs. Urmilla Shukla v. State of M.P. Ors., (Misc. Petition No. 297/83 decided on 17.4.84); Rekha Saxena v. State of M.P. Ors., [1985] MPLJ 142 and Dr. Sunil Gajendragadkar v. State of M.P., (Misc. Petition No. 57/85 decided on 11.3.85). In Dr. Urmilla Shukla s ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seat had been kept vacant probably because of the filing of the writ petition by Dr. Mrs. Urmilla Shukla and therefore there could be no impediment to the grant of admission to her and cited a precedent under similar circumstances during the earlier year. Dr. Miss Sushma Dixit had been admitted to the MS course in Obstetrics Gynaecology because one of the candidates selected had gone abroad without permission and her admission had been cancelled. He further pointed out that Dr. Mrs. Urmilla Shukla was pursuing her studies in the Diploma course in Obstetrics Gynaecology and the syllabus in the MS in that discipline for the first year was the same and therefore there could be no difficulty in her way in determining the percentage of attendance to make her eligible to appear at the examination. The decision in Dr. Mrs. Urmilla Shukla s case therefore turned on its own facts. The decision in Rekha Saxena s case was an aftermath of the decision in Dr. Mrs. Urmilla Shukla s case Dr. Rekha Sexena had applied for admission only to the Diploma course in Gynaecology Obstetrics and she rightly contended that the ratio for the P.G. course in MG between merit candidates and Assistant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ately turned down by the respondents by an order dated 25.4.1984, practically eight months after this prayer was made by the petitioner. This delay in taking a decision on such matters when every day that passes in the life of a professional candidate is materially speaks volumes about the efficiency of this department and the rejection is on this basis that the petitioner was selected for the year 1983 and could not be admitted in the year 1984. This logic of this order, it appears, is not defended in the return and a new defence has been raised in the return that as the case of Dr. Smt. Urmilla Shukla is not yet finally decided and is pending in the Supreme Court, the seat has not been declared vacant although it is not disputed that the seat is and was vacant in fact. It is peculiar that if Dr. Smt. Urmilla Shukla could be given a provisional admission, why the petitioner could not have been given provisional admission immediately when she had herself offered in terms which would throw no liability on the respondents if ultimately she had to go back, but it appears that her application was not considered and ultimately practically major part of the session was wasted and then th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er admission w.e.f. August 1, 1984. But the vacancy caused thereby was not notified or advertised. The High Court relying on Rekha Saxena s case repelled the contention of the Government based on r. 10 that a seat falling vacant in a particular year can only be filled up in that year and the Sunil Gajendragadkar could not be admitted in the academic session 1983-84 which commenced from August 2, 1983. Oza, CJ. speaking for himself and Ram Pal Singh, J. repelled the contention of the Government that the petitioner being a candidate for admission to the P.G. course in MD in General Medicine for the academic year 1983- 84, could not be considered for admission in the year 1984- 85 relying on the earlier decision in Rekha Sexena s case based on the observation of this Court in Punjab Engineering College that those who infringe the rules must pay for their lapse and the wrong done to the deserving students who ought to have been admitted has to be rectified. The best solution under the circumstances is to ensure that the strength of seats is increased in proportion to the wrong admissions made , and quoted from Rekhu Saxena s case: In the present case, as it is clear that in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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