Dr. Sudhakaran M. vs Union Of India
2009 Latest Caselaw 133 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI


+     LPA 732/2008


      DR.SUDHAKARAN M.                ..... Appellant
                  Through Mr. Satya Mitra Garg, Advocate.


                  Versus


      UOI                             ..... Respondent
                        Through Mr. Baldev Malik, Advocate.
                        Prof. Mangla Kohli, ADGME in person.

      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE SANJIV KHANNA

               ORDER

% 16.01.2009

1. The appellant in view of his rank in All-India Entrance

Examination for MD/MS/PG Diploma and MDS Courses- 2008 was

allotted one seat in M.D. (Radio Diagnosis) under 50% All-India quota

at Silchar Medical College, Silchar. However, due to some

error/communication gap it later on transpired that there was no seat

vacant/available in M.D. (Radio Diagnosis) at Silchar.

2. Subsequently, the appellant was allotted seat in M.S.

(Orthopaedics) at C.N.M.S., Kolkata on 2nd June, 2008 though under

protest and without prejudice to his rights.

3. The appellant thereafter filed W.P.(C) No. 4457/2008 that he should be allowed a seat in the discipline of M.D. (Radio Diagnosis)

in a medical college recognized by the Medical Council of India but

the writ petition stands dismissed by the impugned order dated 30th

September, 2008.

4. We are not inclined to modify the order passed by the learned

Single Judge for two reasons. Firstly, the appellant has already

undergone six months of training/studies in M.S. (Orthopaedics) at

C.N.M.S., Kolkata and secondly in case the appellant had not

accepted the seat, another student would have been allotted the said

seat. In case we allow the present appeal, the said seat will go

vacant and no student will be able to take advantage and benefit of

the said seat.

4. Thus, in the peculiar facts and circumstances of the case, we

are not inclined to entertain the present appeal though it appears that

the appellant had been put in a disadvantageous position because of

lapse on the part of the respondents and the appellant had also taken

precaution to mention that he was accepting the seat at C.N.M.S.,

Kolkata under protest and without prejudice to his rights. Learned

counsel for the respondent has stated at bar on instructions that M.S.

(Orthopaedics) at C.N.M.S., Kolkata is recognized by the Medical

Council of India/authorities and the degree that will be awarded to the

appellant on successful completion, will be valid and a recognized degree. The respondent will be bound by the said statement.

The appeal is accordingly dismissed.

CHIEF JUSTICE

SANJIV KHANNA, J.

JANUARY 16, 2009 VKR