LexHADIBANDHU RAUTARAO AND ORS ETC. ETC. versus STATE OF ORISSA AND ORS. ETC. ETC.
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A B c D E F G H 81() HADIBANDHU RAUTARAO AND ORS ETC. llTC. v. STATE OF ORISSA AND ORS. ETC. ETC. July 1, 1985 [Y.V. CHANDRACHUD, CJ .. R.S. PATHAK AND SABYASACHI MUKHARJI, JJ.j Constiturion of India, Article 32-Admission to Post Graduale courses in medical colleges-Substantial change in the scheme of granting admissions to Post Grad .. ·ate Courses-Whether constitutes illfringement of fundamental right to ad1nission-Sche1ne formulated. Until the academic session 1978-79, the Post Graduate t\ledical course in the State of Orissa was envisaged as a course of three years duration which period included an appointment for one year on the Resident House Staff. Admission to the three year course was made through an Entrance Exami- nation, and after completing the Resident House Staff appointment, there was no further examination for admission to the Post Graduate course. The scheme was changed with effect from the session 1978¥ 79 and the Resident House Stall course was delinked from the Post Graduate course. Accordingly, separate competitive examinations were prescribed for recruitment to the Resident House Staff and the Post Graduate course. A candidate appearing in the entrance examination for Post Graduate course should have passed ·the final M.B.B.S. examination, satisfactorily completed the internship, acquired full registration and in addition should have completed the Resident House Staff term in a subject during one year. The petitioners/medical graduates from the State of Orissa filed writ petitions in Supreme. Court challenging the new scheme, under which it became necessary for the candidates seeking provisional admission to a Post Graduate course to appear again at an examination for such admission after completing the Resident House Staff appointment. They contended that under the original scheme they were entitled to take the Entrance Examination for recruitn1ent to the Resident House Staff at any recognised institution in the country, even though it lay outside the State of Orissa and on completing that course they were entitled without more to admission to a Post Graduate Medical course in a Medical College in Orissa. Some of the petitioners had already taken the examination for recruitment to the Resident House Staff in a Medical College in Orissa and successfully completed that course and thiey also objected to the requirement envisaged by the new scheme. Disposing of the Writ Petitions, the Court, < Ii. !lAUtARAO 1. ORiSSA 811 HELD : J. It is consistant with reason and justice that those petitioners before the Supreme Court who were either pursuant to the relief granted by the High Court or in compliance with interim order n1ade by the Supreme Court, granted admission to a Post Graduate Medical course and have since compJet· ed that course and after having appeared in the examination for the academic year 1981·82 been declared successful, should not be disturbed and should be allowed the benefit of the success at the examination. Therefofe, these admissions are affirmed. [815 D·EJ 2. The provisional admission of some of the petitioners to a Post Graduate course by the Medical Colleges in Orissa in compliance with the interim orders of this Court made on different dates, should be regarded as an adn1ission of final validity entitling them to its consequential benefits, since they have completed the Post Graduate Course. [815 F·GJ 3. There are writ petitions in which this Court directed the provisional admission of the petitioners but they could not be admitted because of the non-availablity or seats and in some of the writ petitions no order for provisional admission of the petitioners bas been made by the Supreme Court. They arc disposed of as follows :- Since the scheme respecting admission to the Post Graduate Medical course has been modified again and the present position, enunciated in the prospectus for the year 1982M83 is that medical graduates who have appeared and been selected at the examination for recruitment to the Resident House Staff are entitled autoinatically, on successfully completing that term of appointment, to admission to the Post Graduate course, and no Entrance Examination specifically for such examination is now contemplated, this Court directs that those petitioners who have successfully completed the term of one year as Resident House Staff in the n1edical Colleges of Orissa will be entitled withou
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