1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5971 OF 2010 Dr.Dinesh Bharatrao Joshi, Age 38 years, Occu.Service as Medical Officer, R/o Onkar Nagar, Omerga, District Osmanabad ..PETITIONER VERSUS 1. The State of Maharashtra (through its Secretary), Medical Education & Drugs Department, Mantralaya, Mumbai 32 2. The Director, Medical Education & Research, Govt.Dental College and Hospital Building, 4th Floor, St.George’s Hospital Compound, near CST, Mumbai 01 3. The Director of Health Services, Arogya Bhavan, near St.George’s Hospital Compound, near CST, Mumbai 01 4. The Dean, Government Medical College & Hospital, Aurangabad ..RESPONDENTS Mr.S.B.Talekar with Mr.A.B.Kharosekar, Advocates for petitioner Mr.S.K.Tambe, Assistant Government Pleader for respondents 1 to 4 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 22nd July 2010 2 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ for quashing and setting aside the communication dated 1.7.2010 refusing admission to the petitioner to M.S.(Radiology) course at the Government Medical College, Aurangabad. The petitioner further prays for issuance of a writ directing the respondents to grant admission to the petitioner to M.D.(Radiology) course in Government Medical College, Aurangabad pursuant to the order dated 21.6.2010 issued by the Director of Health Services, Mumbai. The petitioner further prays for issuance of a writ for directing respondent No.4 to allow the petitioner to join the M.D. (Radiology) course in the Government Medical College, Aurangabad. 3. Such of the facts as are germane for decision of this petition may briefly be stated thus. The petitioner came to be appointed as a Health Officer and has been working as a Taluka Health Officer, Omerga, Zilla 3 Parishad, Osmanabad since 11.1.2010. The petitioner had been initially appointed as a Medical Officer at the Primary Health Centre, Abaloli, Taluka Guhagar, District Ratnagiri. The petitioner has thus rendered almost thirteen years of service under the Directorate of Health Services. By virtue of a notification issued by the Government dated 7.12.2009, a provision has been carved out for granting 25% seats for in-service Medical Officers for admission to the medical post graduate course in health sciences. Accordingly, applications came to be invited from the eligible Medical Officers for appearing for entrance examination for admission to the post graduate course (PGM-CET-2010). The petitioner duly applied for the Common Entrance Test of the post graduate course and was declared successful in the said examination. Since the petitioner was eligible to be appointed, the Director of Health Services, by his communication, dated 21.6.2010 decided to send the candidates from the final State merit list for admission to the post graduate medical course on deputation to the respective medical colleges and accordingly, the petitioner came to be relieved on 29.6.2010 and reached Aurangabad on 30.6.2010 and reported to the Dean, Government Medical College, Aurangabad on 1.7.2010 to join the post graduate medical course. It appears that the respondents did not permit the petitioner to join the post graduate course on a plea that as per the orders issued by the Supreme Court in Writ 4 Petition (Civil) 189/2010, the admissions ought to have been finalised on or before 30.6.2010 and since the petitioner had reported late, the petitioner would not be permitted to join. This petition, therefore, has been filed praying for the reliefs as stated above. 4. On notice of this petition being issued to the respondents, the learned Assistant Government Pleader states on instructions that in the light of the said order passed by the Supreme Court in the above referred matter, the petitioner in law is prohibited from joining the course from 1.7.2010. Reliance is again placed on the order passed by the Supreme Court as adverted to above. 5. In order to resolve the controversy in the present matter, it would be useful to refer to the order passed by the Supreme Court. We, therefore, reproduce the order of the Supreme Court in its entirety. “ We have heard learned counsel for the petitioner, learned Counsel for the MCI and counsel for some of the States. We have also heard the learned Solicitor General appearing for respondents 1 and 2. We are informed that several States (as many as 14) have not completed the first round of 5 counselling. We are also informed the second round of counselling for the All India quota, comes to an end today. After hearing learned counsel and having examined the facts and having considered the similar order passed during the previous years, we issue the following interim directions in regard to the schedule for extended second round of Post Graduate Counselling 2010 for All India quota: Date Detail 20.5.2010 Time-schedule to be hosted on the Website by Directorate General of Health Services 27.5.2010 All States must report updated number of vacancies resulting from non-joining, resigning and surrendering of seats in `All India Quota’ to the Directorate General of Health Services by 5 PM 1.6.2010 Total number of vacancies to be notified by Directorate General of Health Services From 2.6.2010 Extended 2nd round of Counselling to 12.6.2010 to be conducted by Directorate General of Health Services at Delhi Counselling Venue only 6 20.6.2010 The last date for the students to join allotted College. 21.6.2010 Vacant `All India Quota’ seats may be deemed to be surrendered to the States 30.6.2010 Final deadline for the students to join allotted course. We direct that the unfilled seats of All India quota which would be deemed to have lapsed in favour of the State Governments as at the end of the second counselling today, will not so lapse in favour of the State Government in view of the extended second round of counselling. To ensure that the entire extended second counselling is completed within the time schedule, the extended second counselling for the All India quota shall be held at Delhi. The State Governments shall adhere to the above time schedule particularly to the second item in regard to reporting of vacancies. Liberty is reserved to the respondents 1 and 2 to file an application for introduction of a single window Scheme for the Post Graduate courses.” 6. Learned Counsel for the petitioner has urged before us that the directions of the Supreme Court in the above referred matter pertain to the All India quota and those directions do not apply to the in-service candidates, who have been granted admission. The 7 learned Assistant Government Pleader has also candidly admitted that the petitioner was not granted admission as against the All India quota. If that be the case, according to us, the respondents were in error in refusing to permit the petitioner to join the course on 1.7.2010. Resultantly, we are, therefore, inclined to allow this petition. 7. Accordingly, this Writ Petition is allowed and Rule is thus made absolute on terms of prayer clause (A), (B) and (C) to the petition with no order as to costs. 8. Copy of this judgment duly authenticated by the Sheristedar of this Court be provided to the learned Counsel for the parties to act upon. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5179.10wp)