C?3% §§§§m§a IN THE HIGH COURT OF CHHAT’I‘ISGARH AT BILASPUR WP. C No. ’ .7 2009 PETITIONERg : {”1. Dr. KL Uraon, s/o Mr. (LL) Shri RR. Uraon, aged about 4O years, working as Médical ' Offlcer Community Health Centre Jaijaipur, Dist: Janjgir—Champa (C,G.). 2. Dr. Gajendra Singh Dhmw, s/o Mr. M.S, Dhruw, aged about 4O years, working as Medical Officer Community Hea1th Centre Bhairamgarh, Dist: Bijapur (C.G.). /, .\ 3, Dr. Lalitha Rathia, w/o Mr. S.K Rathia, aged about 39 years, working as Medical Officer at Civil Hospital l Kharsia, Dist: Raigarh (C.G.). VERSUS w RESPONDENTS : l. State of Chhattisgarh, through its Secretary, Department of Medical” Education, Mantralay, D.K.S. Bhawan, Raipur (C.G.) g , 2. Director, Department of Medical Education, D.K.S. Bhawan» Raipur (C.G.) I ‘ ‘ {_ 3. Medical Council of India, through its Secretary, Pocket—14, Sector~8, Dwarka, New Delhi—1 10077. i” 4. Dean, Pandit Jawahar Lal Nehru Medical College, Raipur, \v’xy Chhattisgarh. Q 2 ,q DER ARTICLE 226/227 OF THE N CONSTITUTION OF INDIA The Petitioner named above most respectfully submits as under: — WRIT PETITION UN / ‘ ) §»§ii‘§“€ €$U3R? QF C‘HHATTTSGARH AT BILAS?UR biViSiON 3ENCH= HGN'sLE SHr'EI IJ‘WQUDL'EUSI 5: HGN‘ELE SH‘Ri N.K. AGAEWAL, 3’3. WRET PETiTiON iCi NC.6§15I2009 F’Mi‘fioners Dr. Easudev Roy a o‘i’harg a. V’s 7Rasmnde91‘i’s ‘S'rcd‘e mi C%§§ii§'i”fisgmh é? oi’hers 5E ‘3 §ft¥3§i3 $§§TETE€N {C7} N§.6§1éi2§§§ D ¥§gfi<kiangrs Qawm&am‘$ Si’a‘re éf’C§1§wi'i" vh .x 3 a‘i‘ima‘é: i". KL, Uraon & 2 m‘hars V's arai far resmaégi’W—Smi’a far respondanhMedka! )I V mm. GREER ’ {Passgd av. 14*“ 3mm, 293G) ijfx. Quddn5§, j: " 1. Hearci. 2. Tm above peTiTions are being dispoged of by fhis common order as The poim' invoived in Thése wria‘ §eTiTions is wma. 3. These wr‘H' pe'rifions have been fiied agains? The ief’rer daTed 14.16.2009 issued by The‘r‘espondevw-Meciicai Counci! of Tncfia Thereby direc‘fing respomien‘f-Dean, PT. jawnhar Lai Nehru Medicai Coilage: Rai‘pur (CG) To discharge The Ibe‘fh‘iwers herein and ofher s'fudenfs admi‘H’eci offer has? dm‘a 3f. admiS$ion i.e. 20.6.2009, faiiing which .any medicai quaiif§ca+ion gran‘red 1’0 Them shai‘i no’r be a reaognized quahficafion for The purposzs of T.M.C. ACT, 1956. This le‘r'rei“ was issued in compiicmca of ’rhe order daied 26.52009 passed V by ‘fhe Honibie Apex Cour? in WF. (c) No.216 of 2009 {SmHha Naih Vs Uniori of India & ofhers) wherein The finai deadiine / / /\ /_ r “’?-’3~” g / / vie o h” V“) ) for The sfudenfs To join aiio‘h‘ed course was 20’62009 and uii The S‘l'afes were dh‘ec‘red To comple‘fe second round of caunSeIina before fho‘r da're. 4.Tnfoc1’ oome wri‘r pe’ri'rions Le. W.P. (c) Nos.2750/09, 2748/(39. 2749/09, 2738/09 & 2770/09, were fiied before a Division Bench of Thie Cour‘r quesTioning V'rhe‘ vaiidi‘fy of admissions 1'0 Pos'f Graduofe Degree as weii as Dipioma Courses in The Medicai Coileges of {he S'm’re of Chhaifisgarh, on f'he basis of counseiing heid on 30.5.2099 by 'ihe Siofe. The sai& wriT pe‘rii'ions were decided on 23.062009 hoiding The iliegoii‘fy conducfed by ‘i'he Sfcx’re in making admissions f0 Pas? Qroduai’e Degree and Dipiomo courses. i 5. The foc‘i was iha't fhe resui’i was deeiared by fhe VVAPAM oniy on 295.2(309 and firs? counseiing was To be heid on 305.2039. However, individuals were no‘i no’riced and nofice for “ihe same was pubiished in ihe iocai newspapers oniy on 30.5.2009, whereas in ’rwo newspapers fhe same was published on. 30” & 31“ May, 2009 and therefore, ihe candidates, who are eiigibie 1‘0 appear in “the eounseiing, eouid no? appear in The counseling and fhe candidm‘es iower in meri‘r were given admissions. Thereafi‘er, rhe counseling for admission To fhe vacon‘i seais of PG Degree and Dipioma Course received back \\ from Ail india Quofa inii’iaily fixed for 19.6.2009 was fixed for 25.6.2009 as per direofion of i’he Courf, as menfioned above. However, fhe facf 'i’ha'r ‘rhe Hon‘ble Apex Cour? has direc‘red all The Sfafes To conciude‘ fhe counseiing before 20.62009, ‘l'he deadiine fixed for admissions, was nof disciosed before The Cour“? in fhe pending pe'ri'iions on i’ne dafe of hearing i.e. on 196.2009, and .‘i'herefore, 'i’he d second eoanseiina was fixed for 25.6.2009. :3. Duma ‘rhe eoaise of hearing of fhe aforemenfioned wrif pefiiions, learned counsei appearing for i‘he Sfaie has 2&7 I) submiffezi Thaw ihe‘y may be parmiTTa$ w cmduw tie-nova cwfxsaimg afresh far admissien agains? a}? The Envernmew 3$cfm~s guafd 0i: The STafa as aiso Tha 6ovem‘mwi' Bacfor‘s quam of ’fhe sea‘i‘s revarwé from Ni Tndia Quom and ‘H’iey wouid compiafe whoie exercisa of admission 1‘0 f'he éwammenf Dccmrs nuam " by 30% Tune . 2009 affer dul Y noTifying all “the eiigiMe candidates through pubiiccdion in fhz newspaper and eizc‘h‘onic media. 7. Learned counsel appearing for “the Medicai Ceur‘tcii of india had also submi‘f'radri'ha’f faking info considerafion The pecuiiar $Hutmén exisfing in the mnHei", "the MCI had m3 objecfion if The ias‘i &a’i‘e of admission To The qhove course is exiendad up i0 30.6.2009. 8. Therefore, The Division Bench decided "ihe wri'i pe‘ii‘rions wi'i‘h 'The foiiowing direciiomh i. Counseiing for admission fo +he 36. Degree/ Dipioma flourse heid on 30+h May, 2009 ugains‘? i‘ne Governmenf - Dsctors “Liam \x end admissions made isms-"w ahere’ru are hereby quashed ii. Thai The respondenis/ S‘ra'ie shah compie‘ie admission process io Pt; uegree/Dipiomo course ogomsr rne Sevenmen. Docfors “(do by 3G” Juvie 2"‘69 posmveiv by conduchno de novo counseling afresh for aamissmn To an The seaTs againST fne uovernmem' k \\ Dodora Quo‘i‘a of .he 5+uie as mso .o “he seofs reveried from AH India QuoTa To be filled m from The 5overnmem uocwrs quom iii. Thev shail no‘rify The da’re of counsehng ‘ihrough pubhcaTion in me newspapers and eiecvromc meaia wen m advance .hey sh h so send uni-1mm” regammg 'fhe daie of ’counseiing To The governmenT docTors Through Their Head of The DeparTmenTs ‘oy Fax or any oT'ner modes." ' ConsequenTiy, The peTiTioners hereiri were given admission on 30.6.2009. However,’The respondenT Medicai Counoii of .Tndia insTeod of chaiienging The order of The Division Bench before The Hon’ble Apex CourT hos Tried To supercede The said . '/ ; judiciai order of fhe Division Eench by issuing The imp‘ugneci ieHar dafed 14.10.2009. .Ti’ is weii se‘rfied iaw fhaf a judiciai order cannm‘ be superceded or circumven‘fed Eiy cm adminisTraTive order. Moreover, fhe Hon‘bi‘e Apex Courf has never direc‘i’ed Tim? even if (my iiiegaiify has been commif'reci in giving admissions, The same be Treu‘red as finaii’ry and iilegai admissions should be aiiowed 1'0 be confinued and vioia‘i‘ion of The fundamen‘iai righis of a person shouid be aiiowed because of The deadiine fixed by The Hon‘bie Apex CourT. insTanT case is noT a case in generai buT a case of an individuai. The peTiTioners have been given admission on 30.6.2OG§ pursuanT To a judicial order as injusTice was caused To Them because of The iiiegoiiTy commiTTed by The STaTe. Moreover, The second counseiing was aiso noT made before 20.6.2009-as direcTed by The Hon‘bie Apex CourT. Therefore, The impugned ieTTer daTed 14102009 is noT susTainabie in The eye of iaw and iiabie To be quashed. in The resuiT, The wriT peTiTions are aiiowed and The impugned ieTTer- daTed 14.10.2009 is quashed, No order as To cosTs’ CerTified copy as per ruies. ' Sd/— N. K. Agarwal Judge Sd/- ”i I.M.Quddusix” i Judge i Roshan/—