1 wp7768.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7768 OF 2011 Dr. Rajesh Kumar Meena ...Petitioner Vs. Armed Forces Medical College, Pune And others ..Respondents Ms. Pooja V. Thorat for the Petitioner. Mr. R.V. Govilkar with Ms. Anamika Malhotra for Respondent Nos. 1 and 2. Mr. D.A. Nalawade, GP. for Respondent No.3. CORAM : DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. DATE : 28 SEPTEMBER, 2011. P.C. 1. The Petitioner is a post-graduate candidate who desires to pursue a super speciality course for the M.Ch. in neurosurgery at the Armed Forces Medical College, Pune, which is the first Respondent. The first Respondent conducted an All India Common Entrance Test for the purpose of admitting students to Super speciality courses. The Petitioner appeared for the entrance test on 8 May 2011. The Petitioner secured the seventh position in order of merit. The first candidate in order of merit did not accept the seat. The second candidate was admitted. The first Respondent, has a capacity of three 2 wp7768.11.sxw seats for the M.Ch. in Neuro Surgery. However, the Professor and Head of the Department of Neuro Surgery came to be posted on transfer to the Command Hospital, Western Command on 4 August 2011. The first Respondent, is left with only one postgraduate teacher who is presently an Associate Professor. As a result it has been stated on behalf of the first and second Respondents that admission cannot be granted to the Petitioner. 2. Counsel appearing on behalf of the Petitioner submitted that under Regulation 12(4) of the Medical Council of India Post graduate Regulations, 2000 two students can be admitted for every professor/associate professor. Moreover, it was urged that as a matter of fact, the first Respondent has submitted a proposal to the third Respondent, Maharashtra University of Health Sciences for approval and up gradation of the existing post of Associate Professor to the substantive post of Professor in Neuro Surgery. It was urged that in the event that the third Respondent approves the up gradation of the existing post graduate teacher to the substantive rank of Professor, it would be possible to admit an additional candidate. 3. The First and Second Respondents have filed an affidavit in reply in these proceedings. It has been stated in the reply that the 3 wp7768.11.sxw Petitioner was placed seventh in the order of merit at the Common Entrance Test and hence there being no available additional seat for the M Ch in Neuro Surgery due to the non availability of sufficient Post Graduate Guides, the Petitioner could not be admitted. The seat, it is stated, was offered to a candidate placed higher in merit strictly in accordance with the order of merit. Though the College has a capacity of three seats for the M Ch in Neuro Surgery, there is presently only one Post Graduate Teacher to conduct the course who is an Associate Professor. The previous Professor and Head of the Department of Neuro Surgery was transferred and posted to the Command Hospital, Western Naval Command on 4 August 2011. 4. Counsel appearing on behalf of the First and Second Respondents has taken serious exception to the allegations levelled in the Petition. Relying on the affidavit in reply Counsel submitted that there is no quota for Defence personnel in admissions to the Super Speciality Courses and all admissions have been made on merits. The Petitioner, it is urged, could not be admitted for want of an available seat and the only seat which was available has been allotted to a candidate who ranks higher in the order of merit. 4 wp7768.11.sxw 5. In Regulation 12(4) of the Medical Council of India Postgraduate Medical Education Regulations, 2000, as amended, it has been provided that "the ratio of postgraduate teacher to the number of students to be admitted for super specialties course shall be 1:2 for Professor/Associate Professor and 1:1 for remaining cadre in each unit per year subject to maximum of 4 postgraduate seats for the course per unit per academic year provided the complement of 10 teaching beds per seat is added to the prescribed bed strength of 20 for the unit." 6. Moreover, it has been provided that "additional complement of 10 beds in the unit is to be made applicable only when the allocation by higher teachers students' ratio of 1:2 in the case of a Professor results in awarding 3 or more postgraduate seats in D.M./M.Ch.course in the unit." It is further clarified that "the strength of 20 beds per unit as prescribed in the present regulations will be considered adequate upto total 2 postgraduate seats in D.M./M.Ch. courses." 7. The Government Pleader appearing for the Maharashtra University of Health Sciences ( the Third Respondent) states that an application has been made by the first Respondent to upgrade the post of Associate Professor to 5 wp7768.11.sxw Professor. He states that a decision will be taken thereon in one week. 8. The following position emerges: (i) The ratio of teachers to students is to be 1:2 both for Professors and for Associate Professors; (ii) In the event that a proposal for up gradation which has been submitted by the first Respondent is accepted by the third Respondent, two students could be admitted against the upgraded post of Professor. In any event, even on the existing position two students can be admitted as against the post of an Associate Professor in view of Regulation 12(4) of the Medical Council of India Postgraduate Medical Education Regulations, 2000. The first Respondent would have to fill up the additional seats on the basis of the order of merit. The Petitioner, as we have noted earlier ranks at serial No.7 of the order of merit. The candidate at serial No.1 of the merit list had expressed his unwillingness to join. As a result the candidate at serial No.2 has been admitted on 1 August 2011. In the event that an additional seat or seats become available on or before 30 September 2011, the first Respondent shall necessarily have to abide by the order of merit by offering admission strictly according to the order of merit. No further directions are necessary in this proceeding. The Government Pleader assures the Court that Maharashtra University of Health Sciences shall take 6 wp7768.11.sxw a decision about the proposal which has been submitted by the first Respondent within a period of one week from today. In the event that any additional seats become available, upon the communication of MUHS being received on or before 30 September 2011, the first Respondent shall fill up these seats in accordance with merit. Counsel for the first Respondent states that the first Respondent will duly inform the candidates on the merit list besides putting up a notice on the website so as to facilitate information to the candidates. 9. The Petition is accordingly disposed of. No order as to costs. 10.. An authenticate copy be issued to the concerned parties. ( A.A. SAYED, J. ) (DR. D.Y.CHANDRACHUD, J.)