/' "% ^ ^ / Q^> 003 01 IN THE HI6H COURT OF JUDICATURE CHHATTESGARH AT ^' Petitioner , BILASPUR W.P.NO. ^^C^ / 2005 : /DR. DURGA SHANAKAR PATEL, S/o Shri Babulal Patel. Aged about 31 years, R/o Bhadicona. Tah- Dabhara bistt. Janjgir -Chmpa. (C.G.) Versus Resoondents '•^ •/ ^" / 3. State of Chhattisgarh, Through the Secretary, Health Education Department, D.K.S. Bhawan Raipur. The Director, Health & Medical Education, State of Chhattisgarh, D.S.K. Campus, Raipur (C.G.) The Dean. Pandit Jawaharlal Nehru Memorial college, Raipur (C.G.) Dr. binesh Sinha S/o Shri Kamta Prasad Sinha aged about 27 years R/o Thakurdiya Post. Badejail Kurd Thana - Pithora Distt. - Mahasamund (C.G.) WRIT PETmON UNDER ARTICLE 226 / 227 OF THE coNSTrrunoN OF INDIA FOR ISSUANCE OF SUFTABLE WRIT. WRTTS. DIRECTION ETC TO DO JUSTICE IN THE MATTER. 1 4. 1 ./; I ^ 13 ^ ,^?"ilr ^~' r^._ __r^^n^ •^^.^^?cU^¥^3^~^'\^^./^ CLE8K to'%. G. KLA'SPU!? XI-HC-22 3^ -qNKn^, ^TfkpT^, f^Qii^y 3Tl^T^5a<sh mTT^rr g?riN?' -'^' ••^' •'^/-'^^ 200 5~ f^^s 3Ti^T^)T R^ich3:n^T ^TT^^N ^^^ 3:n^T?^TarR:^f?cT 26-7-2005 Shri P. Diwakar, Sr. Advocatel for the petitioner. Shri V.V.S. Murthy, Deputy Verma, Panel Lawyerforthe State/r^spondents No.1 to 3. Heard both the counsel. The petitioner has preferred -^l chi^f<n^ft;T Hi+idT ^ tel<ft iF^i^K ^3Tf^1T3T1^T with Shri Vij'ay Deshmukh, Advocate <\dvocate General with Shri Devesh |thjs writ petition being aggrieved by the action of respondents No.2 and| 3 whereby respondents No.2 and 3 are not admitting the petitioner in 1?ie P.G. Degree Course in the M.D. Anesthesia in the session 2005. The case of the petitioner is| that he appeared in the Combined Entrance Test for various P. G. C<(>urses which was conducted for the session 2004-05, 2005-06 and 20(|»6-07 and the petitioner secured 6th position in the waiting list. "I' Further case of the petitioner M.D. Anesthesia. However, saic) s that during this year for the session 2005-06 the waiting list up to 5 cs|ndidate i.e. Dr. Dinesh Sinha stands cleared and said Dr. Dinesh Sinha Was admitted in the P.G. Course in the Dr. Dinesh Sinha failed to take admission till the last date i.e. 31SI Mjay 2005, therefore, on account of that : F the said seat has fallen vacant, th^ candidate in the waiting Jist, he oug| srefore, the petitioner bejng the next tt to have been admitted against the said vacant seat. This position has not been (pisputed by respondents. Their only defence is that in view of the direct|ons of the Hon'ble Apex Court in the matter of MRIDUL DHAR (MINOR) ^ND ANOTHER V. UNION OF INDIA AND OTHERS reported in 2005 41R SCW 471 the time schedule for completion of the admission proces|^ has been fixed 31st May 2005 as a XI-HC-22 3:^T<^NIC1^, ^Tfl^^K?, f^dHy 3TI^T<-!^^b ^ ^ l^l^l 1 »>^Icb' ^~^\^ ^ ^— - ^r^^W^ 200 ^ 3TT^T^)T f^rNi'w^i 5b^i<=b?Tf^r Barve { /^ 'CC ^ 3TI^T?^TrW^f?cT sefet dase last day for admission to the Post date has already expired, therefore( directions they are unable to give Learned counsel for the petiti^ner fallen vacant on account of not taki^ such the Court taking note of that fsjct petitioner against the vacant discussing the Madhu Singh's completion ofthe various stages o^ hetd that beyond the time schedi|le should be allowed. It is admitted position that fo^ for admission was 31st May 2005 ai| situation, no direction can be giver) petitioner against the vacant seat ir< the M.D. Anesthesia. In the result, the writ petiticjn accordingly dismissed. No costs. Consequently, M.(W.)P. 83 <=bi^f<n^ti ^i^<nTffte^'<Pi<^i< ^3Tf^T3TI^T Craduate Courses and since the last in view of the Hon'ble Apex Court's ad|mission to the petitioner. submitted that since the seat has ^g admission by Dr. Dinesh Sinha, as : fsjct direct the respondents to admit the The Hon'ble Apex Court after laying down the schedule for admission process has categorically fixed by the Court no admission the Post Graduate Courses last date id that has already elapsed, in such a to the respondents for admitting the the Post Graduate Degree Course in is liable to be dismissed and it is No.21287/2005 also stands dismissed. Sd/- L.C. Bhadoo Judge (^.^fe^)