Manipur High Court
Writ vs The State Of Manipur Represented By The … on 30 July, 2025
Author: A. Bimol Singh
Bench: Ahanthem Bimol Singh
SHOUGRAKPAM Digitally signed by [1]
SHOUGRAKPAM DEVANANDA
DEVANANDA SINGH
Date: 2025.07.30 10:48:32
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WA No. 29 of 2025
(Ref:- WP(C) No. 218 of 2025)
Dr. Mutum Anilkumar Singh, now working as Casualty
Medical Officer, Jawaharlal Nehru Institute of Medical Sciences
(JNIMS), Porompat, P.O. & P.S. Porompat, Imphal East District,
Manipur - 795005.
... Writ Appellant
-Versus-
1. The State of Manipur represented by the Commissioner-
cum-Secretary (Health & FW), Government of Manipur, New
Secretariat Building, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
2. The Jawaharlal Nehru Institute of Medical Sciences, JNIMS,
P.O. & P.S. Porompat, Imphal East District, Manipur -
795005, through its Director.
3. The Dean Academic, JNIMS, P.O. & P.S. Porompat, Imphal
East District, Manipur - 795005.
4. Dr. Ibetombi Kshetrimayum, aged about 50 years, D/o (Late)
Ksh. Shyamkanhai Singh, Senior Resident, Radiodiagnosis
Department, Jawaharlal Nehru Institute of Medical Sciences
(JNIMS), Porompat, a resident of Sagolband Tera Yambem
Leirak, P.O. Imphal, PS. Lamphel, Imphal West District,
Manipur - 795001.
... Respondents
IN THE MATTER OF:
(in the Writ Petition WP(C) No. 218 of 2025)
Dr. Ibetombi Kshetrimayum, aged about 50 years, D/o
(Late) Ksh. Shyamkanhai Singh, Senior Resident,
Radiodiagnosis Department, Jawaharlal Nehru Institute of
Medical Sciences (JNIMS), Porompat, a resident of
WA No. 29 of 2025 Contd.../-
[2]
Sagolband Tera Yambem Leirak, P.O. Imphal, PS.
Lamphel, Imphal West District, Manipur - 795001.
... Petitioner
Vs.
1. The State of Manipur represented by the Commissioner-
cum-Secretary (Health & FW), Government of Manipur, New
Secretariat Building, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
2. The Jawaharlal Nehru Institute of Medical Sciences, JNIMS,
P.O. & P.S. Porompat, Imphal East District, Manipur -
795005, through its Director.
3. The Dean Academic, JNIMS, P.O. & P.S. Porompat, Imphal
East District, Manipur - 795005.
4. Dr. Mutum Anilkumar Singh, now working as Casualty
Medical Officer, Jawaharlal Nehru Institute of Medical
Sciences (JNIMS), Porompat, P.O. & P.S. Porompat, Imphal
East District, Manipur - 795005.
... Respondents
B E F O R E
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the Appellant :: Mrs. G. Pushpa, Advocate
For the Respondents :: Mr. Lenin Hijam, AG and
Mr. N. Ibotombi, Sr. Advocate
Date of Hearing :: 22-07-2025
Date of Judgment :: 30-07-2025
J U D G M E N T
(A. Bimol Singh, J.)
[1] Heard Mrs. G. Pushpa, learned counsel appearing for the
appellant; Mr. Lenin Hijam, learned Advocate General appearing for the
respondents No. 1, 2 and 3 and Mr. N. Ibotombi, learned senior counsel
appearing for the respondent No. 4.
WA No. 29 of 2025 Contd…/-
[3]
The present appeal has been filed challenging the judgment and
order dated 11-06-2025 passed by the learned Single Judge in WP(C) No.
218 of 2025. For easy reference, the prayers made in the present appeal
are reproduced hereunder:-
“(i) To admit the present appeal.
(ii) To set aside the impugned judgment and order dated 11/06/2025
(Annexure W/1) passed by the Ld. Single Judge in WP(C) No. 218
of 2025.
(iii) To pass any other appropriate order or orders or direction(s) as
to this Hon’ble Court may deem fit and proper and just to pass in
the facts and circumstances of the case.
AND
(iv) In the interim;
Your Lordships be pleased to stay the operation of the impugned
judgment order and dated 11/06/2025 passed in WP(C) No. 218 of
2025 during the pendency of the Writ Appeal.
OR
To direct the respondents authority not to disturb the continuing
of PG Course in the Department of Radiodiagnosis by the
respondent No. 4/Appellant during pendency of the Writ Appeal.”
[2] The issue raised in the present appeal relates to admission
for undergoing P.G. Courses in the Jawaharlal Nehru Institute of Medical
Sciences (JNIMS), Imphal against the 4 (four) seats reserved for the JNIMS
sponsored candidates.
The brief facts which led to filing of the present writ appeal
are that the National Board of Examinations in Medical Sciences, an
autonomous body under the Ministry of Health & Family Welfare,
Government of India conducted NEET-PG, 2024 Examination and both the
appellant as well as the respondent No. 4 in the present appeal appeared
in the said examination. By a notice dated 23-08-2024 issued by the
National Board of Examinations in Medical Sciences, New Delhi, the result
WA No. 29 of 2025 Contd…/-
[4]
of the said examination was declared. In the said notification, the
cut-off percentile or minimum qualifying/ eligible criteria for admission to
MD/ MS/ DNB/ Diploma Courses were notified as under:-
”
Category Minimum
Qualifying/Eligibility Criteria
General/EWS 50th Percentile
General-PwBD 45th Percentile
SC/ST/OBC (Including PwBD of 40th Percentile
SC/ST/OBC)
"
The appellant scored 26.8 percentile while the respondent No. 4
scored 6.8 percentile. It is to be noted that both the appellant and the
respondent No. 4 are serving in JNIMS in the capacity of Senior Casualty
Medical Officer and Senior Resident in the Department of Radiodiagnosis
respectively.
[3] After declaration of the result of the NEET-PG 2024 Examination,
the Dean (Academics), JNIMS, Imphal (respondent No. 3 herein) issued a
notice dated 31-10-2024 inviting applications from intending NEET-PG
2024 qualified medical graduates for undergoing P.G. (MD/ MS) courses in
JNIMS in 20 different Departments for the Academic Session 2024-2025
against the total of 90 seats. The distribution of the said 90 PG seats in
JNIMS are as under:-
(i) All India Quota (AIQ) = 46
(ii) State Quota = 44
In the said notification, it is provided that selection of candidates
will be based on the NEET-PG 2024 score (Merit). In respect of sponsored
category, candidates must be an officer serving under Manipur Health
Services (MHS) or JNIMS and selection must be based strictly in the order
WA No. 29 of 2025 Contd…/-
[5]
of Merit List of NEET-PG 2024 and other criteria/ incentives as mentioned
in the said notice. In respect of All India Quota (AIQ), all the seats are
to be filled up at All India Level as per norms adopted by the Medical
Counselling Committee (MCC) of DGHS, Ministry of Health & Family
Welfare, Government of India from All India Merit List of NEET-PG 2024.
[4] By a notice dated 05-11-2024 issued by the respondent No. 3,
the last date of submission of forms was fixed on 18-11-20-24 till 03:00 P.M.
By another notice dated 21-11-2024 issued by the Member Secretary, State
Level PG Counselling Committee, the schedule for the Combined State
Level PG Counselling (Hybrid Mode) for filling up of vacant seats for
undergoing Post-Graduate Courses at JNIMS and RIMS, Imphal for the
Academic Session 2024-2024 was notified as under:-
" Sl. Counselling Date/ Day Time Venue
No.
1. 1st Round State Level 26/11/202, 10.00 AM. JNIMS.
PG Counselling Tuesday onwards Auditorium, Imphal
2. 2nd Round State 19/12/202, 10.00 Λ.Μ. RIMS Jubilee Hall.
Level PG Counselling Thursday onwards
3. 3rd Round State Level 09/01/202, 10.00 Λ.Μ. JNIMS,
PG Counselling Thursday onwards Auditorium, Imphal
”
[5] By a Notification dated 25-11-2024 issued by the Director,
JNIMS, category-wise PG seats of JNIMS in respect of 44 seats available
for the First Round State Level PG Counselling for the Academic Session
2024-2025 was notified as under:-
(a) Sponsored category: - 21 seats
- Unreserved seats - 12
- OBC(M) - 2
- OBC(MP) - 2
- Schedule Tribe seats - 4
- Schedule Caste seats - 1
WA No. 29 of 2025 Contd.../-
[6]
(b) Open Category: - 17 seats
- Unreserved seats - 7
- OBC(M) seats - 2
- ST seats - 8
(c) JNIMS product: - 2 seats
(d) JNIMS Sponsored: - 4 seats
- Medicine - 1
- OBG - 1
- Pathology - 1
- Radiodiagnosis - 1
[6] The above quota of 4 (four) seats reserved for JNIMS
sponsored candidates have been provided on the basis of the Rule called
“The Time Scale Promotion (Regularly appointed Senior Residents/
Tutor/ Demonstrator/ Lady Medical Officer possessing Post-Graduate
Degree) (1st Amendment) Rules, 2022” (hereinafter referred to as
“1st Amended Rules 2022”, for short) which was notified under a
Notification dated 16-02-2022 issued by the Director, JNIMS. The relevant
portions of the said rules are reproduced hereunder for ready reference:-
“1. SHORT TITLE AND COMMENCEMENT:
(1) These rules may be called the Time Scale Promotion (Regularly
appointed Senior Residents/ Tutor/ Demonstrator/ Lady Medical
Officer possessing Post Graduate Degree) (1st Amendment)
Rules, 2022.
(2) These rules shall come into force with effect from the current
academic session i.e. 2021-2022.
2. Amendment of Rule 7(d) of Time Scale Promotion (Regularly
appointed Senior Residents/ Tutor/ Demonstrator/ Lady Medical
Officer possessing Post Graduate Degree) Rules, 2018:
The existing Rule 7(d) shall be substituted by the following:-
For those regularly appointed Senior Resident/Tutor/
Demonstrator (Teachers) who do not possess Post Graduate Degree,
there will be a provision for reservation of Post Graduate Degree
seats in the Institute as follows:
WA No. 29 of 2025 Contd…/-
[7]
I) 14% of the State Open Quota seats in Post Graduate Degree
courses of the Institute shall be reserved for teachers in each
session.
II) In order to be eligible for PG seats reservation, they must
qualify NEET-PG exam.
III) Reservation of PG seats shall be done in the same department
in which they are already working.
IV) In case of more than one member qualifying NEET-PG Exam in
the same department in same session, preference will be given
to the one who is older in age Irrespective of the score.
V) If any Teachers’ quota seat is not filled up due to unavailability
of eligible Teachers, then the vacant seat shall be filled up by
candidates from the State Merit List.
VI) The seat allotment matrix will be adjusted from time to time
according to availability of eligible Teachers with preference
given to the subsequent year roster.
VII) The reservation shall be in force for 5 years i.e. till 2025.
VIII) The detail reservation roster is given at Schedule-1.”
“SCHEDULE-1
P.G. DEGREE SEAT RESERVATION ROSTER FOR REGULAR NON-PG
TEACHERS (SR/ TUTOR/ DEMONSTRATOR) OF JNIMS, IMPHALSl. Year
No. Course Total
2021 2022 2023 2024 2025
1. Anaesthesiology 1 1 2
2. Forensic Medicine 1 1 2
3. Medicine 1 1 1 1 4
4. OBG 1 1 2
5. Orthopaedics 1 1 2
6. Paediatrics 1 1 2
7. Pathology 1 1
8. Pharmacology 1 1
9. Radiodiagnosis 1 1
10. Respiratory Medicine 1 1 2
11. Surgery 1 1
Total 4 4 4 4 4 20
”
WA No. 29 of 2025 Contd.../-
[8]
[7] It has to be noted that under the said 1st Amended Rules, 2022,
14 percent of the State Open Quota seat in Post-Graduate Degree courses
of JNIMS are to be reserved only for those regularly appointed Senior
Residents/ Tutor/ Demonstrator (Teachers) and that Senior Casualty
Medical Officers/ Casualty Medical Officer serving in JNIMS were not
included. However, subsequently, by a Notification dated 21-10-2022
issued by the Director, JNIMS, Senior Casualty Medical Officers and
Casualty Medical Officers serving in JNIMS were also included for
consideration against the quota of four seats reserved for JNIMS sponsored
candidates subject to certain conditions as mentioned in the said
notification. For ready reference, the said Notification is reproduced
hereunder:-
“NOTIFICATION
Imphal, the 21st October, 2022No. 01/931/Non-PG CMO/22-JNIMS/3339: The President, Jawaharlal
Nehru Institute of Medical Sciences Society, Imphal, Manipur with the
previous sanction of the State Government, is pleased to make the
following Scheme for reservation of Post Graduate Medical Seats in
JNIMS for Senior Casualty Medical Officers and Casualty Medical
Officers, JNIMS as follows:-
i) The reservation of P.G. seats for regularly appointed Senior
Casualty Medical Officers and Casualty Medical Officers will be
considered only if any of the regularly appointed Sr. Residents/
Tutor/ Demonstrator/ Lady Medical Officers’ quota seats
provided by the Rule 7(d) of the Time Scale Promotion (Regularly
appointed Senior Resident/ Tutor/ Demonstrator/ Lady Medical
Officer possessing Post Graduate Degree) (1st Amendment)
Rules, 2022, are not filled up due to unavailability of eligible
regularly appointed Sr. Residents/ Tutor/ Demonstrator/ Lady
Medical Officer of the concerned department of JNIMS in that
academic year.
ii) In order to be eligible for PG seats reservation, the Senior
Casualty Medical Officer/ Casualty Medical Officers must qualify
NEET-PG Examination.
iii) Since Sr. Casualty Medical Officers/ Casualty Medical Officers
are open to any of the allocated P.G seat/ subject, SeniorWA No. 29 of 2025 Contd…/-
[9]
Casualty Medical Officers and Casualty Medical Officers shall be
eligible to join 1st round of P.G. Counselling; but allotment of P.G.
seat will be considered from 2nd round counselling onwards. If
eligible candidates are available from the regular Senior
Resident/ Tutor/ Demonstrator/ Lady Medical Officer in the
concerned subject after lowering the NEET-PG cut off percentile
in the subsequent round, the Sr. Casualty Medical Officer/,
Casualty Medical Officers who has been allotted P.G. Seat must
surrender the seat.
iv) In case of having more than one NEET-PG qualifying candidates
in the same Department, preference will be given on the basis of
seniority in service, academic age of the candidate and NEET-PG
Score.
v) This scheme shall be applicable to Casualty Medical Officers
who have rendered regular service of not less than 5 (five) years.
vi) This reservation Scheme shall be in force for 5 (five) years i.e. till
2026 and in the line with Time Scale Promotion (Regularly
appointed Senior Residents/ Tutor/ Demonstrator/ Lady Medical
Officer possessing Post Graduate Degree) (1ª Amendment)
Rules, 2022.
vii) If any Teachers’ quota seat is not filled up due to unavailability
of both eligible Teachers and Senior Casualty Medical Officer/
Casualty Medical Officers, then the vacant seat shall be filled up
by candidates from the State Merit List.
2. This is issued as per approval conveyed by Secretariat: Health
Department, Government of Manipur vide Letter No. JNIM-1101/6/2021-
HS-HEALTH, dated 20.10.2022 in accordance with State Cabinet
Decision taken in its meeting held on 13/10/2022.
3. This scheme shall be subject to outcome of all analogous Writ
Petitions/SLPs relating to reservation of PG seats in UNIMS for
JNIMS’s Doctors.”
(Prof. L. Deben Singh)
Director, J.N. Institute of Medical Sciences”
[8] Consequent upon the due completion of screening process and
First Counselling held on 26-11-2024, the Director, JNIMS issued a
Notification dated 30-11-2024 notifying the provisionally selected
candidates and the allotment of seats for undergoing Post-Graduate
courses. In the said notification, 17 candidates were selected against the
Open Category and 2 candidates were selected against the JNIMS
WA No. 29 of 2025 Contd…/-
[10]
Product. However, no candidates were selected against the Sponsored
Category and JNIMS Sponsored. Out of the 17 provisionally selected
candidates in the Open Category, only 15 candidates were admitted and
out of 2 provisionally selected candidates in the JNIMS Product, only 1
candidate was admitted for undergoing PG course in JNIMS.
[9] By a notice dated 18-12-2024 issued by the Director, JNIMS, the
Second Round State Level PG Counselling (Hybrid Mode) for filling up
vacant seats for undergoing PG courses at JNIMS was notified to be held
on 19-12-2024. In the said notice, the vacant PG seats position at JNIMS
was notified as under:-
(i) Sponsored Category - 17 seats
(ii) Open Category - 4 seats
(iii) JNIMS Product - 1 seat
(iv) JNIMS Sponsored - 4 seats
[10] Consequent upon the due completion of screening process and
Second Counselling held on 19-12-2024, the Director, JNIMS issued an
order dated 20-12-2024 thereby provisionally selecting and allotting seats
for undergoing PG courses in JNIMS. As per the said order, 15 candidates
were selected against 17 Sponsored Category seats, 4 candidates were
selected against 4 Open Category seats and 1 candidate was selected
against 1 JNIMS Product seat. However, no candidates were selected
against 4 JNIMS Sponsored seats. All the selected candidates, except 2
candidates selected against Sponsored Category seats, were admitted for
undergoing PG courses at JNIMS for the Academic Session 2024-2025,
vide order dated 31-12-2024 issued by the Dean (Academics), JNIMS.
WA No. 29 of 2025 Contd.../-
[11]
[11] The Government of India, Directorate General of Health
Services, Medical Counselling Committee issued a notice dated
04-01-2025 notifying that the percentile and eligibility for NEET-PG
Counselling 2024 had been lowered as under:-
“(i) General Category/ EWS:
– 15 percentile and above will be eligible
to participate in counselling.
(ii) SC/ ST/ OBC/ PWD Category:
– 10 percentile and above will be eligible
to participate in counselling.”
[12] After lowing of the percentile for eligibility to participate in the
counselling, the Director, JNIMS issued a notice dated 06-01-2025 inviting
fresh applications from intending and newly eligible candidates to
participate in the 3rd Round State Level PG Counselling 2024 and the last
date of submitting forms was notified as 08-01-2025 till 12:00 noon.
Subsequently, the Director, JNIMS issued another notice dated 01-02-2025
notifying the date for the 3rd Round State Level PG Counselling 2024 as
03-02-2025 and also the vacant seats for undergoing PG courses at JNIMS
for the Academic Session 2024-2025 as under:-
(a) Sponsored Category - 9 seats
(b) Open Category - 2 seats
(c) JNIMS Sponsored - 4 seats
(d) JNIMS Product - 1 seat
[13] The appellant, who obtained 26.8 percentile, on becoming
eligible due to lowering of the cut-off percentile, applied for the 3rd Round
Counselling and he was provisionally selected and allotted a seat against
the JNIMS Sponsored seat for undergoing PG course at JNIMS in the
WA No. 29 of 2025 Contd…/-
[12]
Radiodiagnosis Department. In this regard, the Dean (Academics), JINMS
issued a Notification dated 04-02-2025 notifying that 8 candidates were
selected against 9 Sponsored Category seats, 2 candidates were selected
against two Open Category seats, 1 candidate was selected against 1
JNIMS Product seat and 2 candidates, including the appellant, were
selected against 4 JNIMS Sponsored seats. Subsequently, the Dean
(Academics), JNIMS issued a Notification dated 10-02-2025 notifying that
all the selected candidates, except 1 candidate in the Un-reserved seat,
were admitted for undergoing PG courses at JNIMS for the Academic
Session 2024-2025.
It may be mentioned here that at the time of his admission, the
appellant gave a written Undertaking, which are as under:-
“UNDERTAKING
I, Mutum Anilkumar Singh, understand that the seat
allowed to me is provisional and is subject to change of speciality or
surrender of seat based on any eventuality within MCC/ NBEMS
framework and any rules of the State including lowering of
percentile, court direction, etc.Place : Imphal Sd/-
Date : 10/02/2025 Appellant
Witnesses:
i) Sd/-
ii) Sd/-"
[14] The Director, JNIMS issued a Notice dated 20-02-2025 notifying
that a Stray Vacancy Round State Level PG Counselling 2024 (offline
mode) for filling up vacant seats for undergoing PG courses at JNIMS will
be held on 21-02-2025. In the said notice, the vacant PG seat position at
JNIMS was notified as under:-
WA No. 29 of 2025 Contd.../-
[13]
(a) Sponsored Category - 4 seats
(b) Open Category - 4 seats
However by another notice dated 23-02-2025 issued by the
Member Secretary, State Level PG Counselling Committee, 2024, the Stray
Vacancy Round State Level PG Counselling 2024 was rescheduled on
26-02-2025.
[15] By a notice dated 25-02-2025 issued by the National Board of
Examinations in Medical Sciences, New Delhi, the minimum qualifying
percentile for NEET-PG 2024 have been reduced as follows:
" Category Revised Minimum Qualifying
Criteria for NEET-PG 2024
General/EWS
UR-PwBD 5th Percentile
SC/ST/OBC
(including PwBD of SC/ST/OBC)
"
As the respondent No. 4, who obtained 6.8 percentile in the
NEET Examination became eligible due to lowering of the cut-off percentile,
she submitted an application dated 26-02-2025 to the respondent No. 3
requesting to allow her to participate in the Stray Round Counselling. It may
be mentioned here that on the same day i.e., 26-02-2025, the appellant
submitted an application to the Director, JNIMS, stating, inter-alia, that if
there has been any changes in the seat allocation after admission, he would
like the chance to further participate in the in-service JNIMS sponsored
category since the appellant was eligible for JNIMS sponsored seats and
also requesting to reconsider and reserve the Medicine and Pathology PG
seats for in-service JNIMS sponsored category candidates for the
upcoming Stray Round. The said letter was hand written by the appellant
WA No. 29 of 2025 Contd…/-
[14]
and the contents of the said letter are reproduced hereunder for ready
reference:-
“26/2/2025
To,
The Director,
JNIMS (Porompat)Sub.: Request to reserve PG -In-service JNIMS sponsored seats
for eligible candidates.
Respected Madam,
I, Dr. Mutum Anilkumar Singh, currently undergoing PG
course at Radiodiagnosis would like to request you to kindly reserve
the in-service sponsored JNIMS candidates seats, so that I would be
eligible to further participate again, since there has been reduction
in NEET-PG 2024 cut-off eligibility criteria to 5th percentile.
If there has been any changes in the seat allocation after
admission, I would like the chance to further participate in the
in-service JNIMS sponsored category since I am eligible for JNIMS
sponsorship.
Therefore, kindly reconsider and reserve the Medicine and
Pathology PG seats for in-service sponsored JNIMS category
candidates for the upcoming Stray Round.
Thanking you.
Dr. Mutum Anilkumar Singh,
PG 1st Year (Radiodiagnosis)”
[16] Consequent upon the completion of screening process and
counselling held on 26-02-2025, the Dean (Academics), JNIMS issued a
Notification dated 28-02-2025 notifying the selection and allotment of seats
in respect of 3 candidates against the Sponsored Category seats and 4
candidates against the Open Category seats.
[17] The respondent No. 4 submitted another representation dated
27-02-2025 to the Commissioner (Health & Family Welfare), Govt. of
Manipur and the Director, JNIMS stating, inter-alia, that she has become
WA No. 29 of 2025 Contd…/-
[15]
qualified and is entitled to have the PG seat in Radiodiagnosis in JNIMS
against the JNIMS sponsored quota as provided under the 1st Amended
Rules and that the appellant, who is a Senior Casualty Medical Officer, must
surrender the said seat as provided under para (iii) of the Notification dated
21-10-2022 and also requesting to allot the said PG seat of Radiodiagnosis
for the Academic Session 2024 to her.
[18] The Director, JNIMS issued another notice dated 05-03-2025
inviting applications from intending and newly eligible candidates following
lowering of minimum NEET 2024 qualifying percentile to participate in the
special Stray Vacancy Round State Level PG Counselling 2024. In
response thereto, the respondent No. 4 submitted her application dated
06-03-2025 to the respondent No. 2 for consideration of her case. The
respondent No. 4 also submitted another application dated 10-03-2025
to the Director, JNIMS for allotment of the Post-Graduate seat in
Radiodiagnosis as per the norms and rules of JNIMS.
[19] The Director JNIMS later on issued another notice dated
11-03-2025 in supersession of the earlier notice dated 05-03-2025, inviting
fresh applications from newly NEET 2024 eligible candidates on or before
13-03-2025. In the said notification, it is stated that the vacant seats will be
opened to in-service candidates of all States without any regards to
Domicile.
Having been aggrieved, the respondent No. 4 filed a writ petition
on 13-03-2025, which was registered as WP(C) No. 218 of 2025 seeking
the following reliefs:
WA No. 29 of 2025 Contd.../-
[16]
"i) to admit this petition;
ii) to issue a Rule Nisi.
(iii) to issue a Writ in the nature of Certiorari for quashing the Notice
dated 11/03/2025 issued by the Respondent No.2 inviting
applications from the in-service candidates of all States without
any regard domicile for participation in the Special Stray Vacancy
Round Staff Level, PG Counselling, 2024 thereby superseding the
Notification of even number dated 05/03/2025 issued by the
Respondent No.2.
iv) to issue a writ of Certiorari for quashing the Notification dated
04/02/2025 issued by the Respondent No.3 thereby provisionally
selected the Respondent No. 4 for undergoing Post-Graduate
Course in the subject of Radiodiagnosis.
v) to issue a writ of Certiorari for quashing the Notification dated
10/02/2025 issued by the Respondent No.3 thereby admitting the
Respondent No. 4 after completion of third round counselling of
State Quota Seats for undergoing Post-Graduate Course in the
subject of Radiodiagnosis.
vi) to issue a writ in the nature of Mandamus directing the
Respondent Nos. 1 to 3 for fixing a date for holding a Special Stray
Vacancy Round Staff Level, PG Counselling, 2024 for filling up the
vacant seat for undergoing Post Graduate Course at JNIMS in the
subject of Radiodiagnosis in the JNIMS Sponsored seat.
AND
vi) to pass any such further order(s) or direction(s) which this
Hon’ble Court deem fit and proper to secure the ends of justice.”
[20] While the aforesaid writ petition was pending in this court, the
appellant also filed a writ petition on 07-04-2025, which was registered as
WP(C) No. 295 of 2025 seeking the following reliefs:-
(i) rule nisi.
(ii) a Writ of Certiorari or any other appropriate Writ or Writs for
quashing/setting aside of the impugned Notification No.
01/931/Non-PG CMO/22-JNIMS/3339 dated 21/10/2022 (Annexure
A/1 to the Writ petition) as the aforesaid impugned Notification
has been issued by the authority of JNIMS whimsically and
without application of proper mind with malafide intention only to
favour one set of employees over a set of employee who are only
distinguishable by a task but not by qualification and merit so as
to meet the ends of justice.
(iii) Pass any further order or orders as to this Hon’ble Court may
seem fit and proper for the ends of justice.
WA No. 29 of 2025 Contd.../-
[17]
[21] Both the writ petitions were heard jointly by the learned Single
Judge and by the impugned judgement and order dated 11-06-2025,
WP(C) No. 218 of 2025 filed by the respondent No.4 was disposed of
with certain observations and directions while WP(C) No. 295 of 2025
filed by the appellant was not disposed of by the learned Single Judge
and the same was directed to be listed again for consideration. The
relevant portions of the judgment and order passed by the learned Single
Judge are reproduced hereunder for ready reference:-
“[77] This Court is of the opinion that the respondent No. 4 (appellant
herein) will have an independent right of challenging Para (iii) of the
notification dated 21.10.2022 on the ground that the same is
discriminatory against the Senior Casualty Medical Officer/Casualty
Medical Officer like him. In the peculiar facts of the case, once he has
taken admission in PG course against the seat reserved for Senior
Resident/Tutor/Demonstrator/Lady Medical Officer under Para (i) of
the notification dated 21.10.2022, it may not be proper for him to
challenge Para (iii) of the same notification on the ground that the
condition for surrendering the seat by Senior Casualty Medical
Officer/Casualty Medical Officer is arbitrary, discriminatory, harsh
and without any basis. The same will be barred by the principle of
approbate and reprobate.”
“[78] Accordingly, this Court is not considering WP(C) No. 295 of 2024 in
the present form and the same is left to be considered later on
confined to the general ground of arbitrariness and irrationality in
violation of the principle of equality as enshrined in the Article 14 of
the Constitution of India and not to the particular ground that the
condition requiring the respondent No. 4 to vacate the seat allotted
to him is arbitrary. The petitioner herein who is a Senior Resident,
claims her right of admission in the PG course in Radiodiagnosis as
per Para (iii) of the notification dated 21.10.2022 against the seat
adjusted in favour of respondent No. 4 (appellant herein) in terms of
Para (i) of the notification dated 21.10.2022. The petitioner has also a
legitimate right of expectation for admission as per the prevailing
rules. Her right has also to be considered vis-à-vis the interest of the
respondent No.4 (appellant herein).”
“[79] As observed above, the reservation under the notifications dated
16.02.2022 and 21.10.2022 providing 4 seats for JNIMS teachers has
not been set aside by any competent Court nor repealed by the
authority and such institutional-based reservation has been upheld
by the Hon’ble Supreme Court in Para 33 of Dr. Tanvi Behl CaseWA No. 29 of 2025 Contd…/-
[18]
(supra). By strict and literal interpretation of the statutory rules, the
respondent No. 4 (appellant herein) is likely to lose his seat in PG
course in Radiodiagnosis course in JNIMS in which he has been
admitted in terms of Para (i) of the notification dated 21.10.2022 in
the 3rd round of counselling. By Para (iii) of the same notification, the
petitioner is to be considered against the seat to be vacated by
respondent No. 4 (appellant herein).”
“[80) If the writ petition is allowed, it will cause immense hardship,
inconvenience and loss of academic year to the respondent No. 4
(appellant herein). If the writ petition is dismissed, it will also cause
injustice to the petitioner as she has a right to be considered for
admission in PG course in Radiodiagnosis in terms of the
notification dated 16.02.2022, especially in view of Para (iii) of the
notification dated 21.10.2022. In the present case, this Court is
dealing with the conflicting rights of two persons claiming under the
same rules. While deciding this case, the Court has to find a mid-way
where both parties can have something. Deciding the issues
involved herein on merit may not be a good option, where there is a
likelihood of the contesting parties becoming a victim in the process
of adjudication.”
“[82] It may be noted that the scheme of reservation under original
notification dated 16.02.2022 [Annexure-A/33] is valid for only 5 years
i.e. from 2021-2025 and 4 seats are distributed amongst 11 seats
under Schedule-l of the notification dated 16.02.2022. The subject of
Radiodiagnosis has got only one seat in the year 2024 during the
period of five years (i.e., 2021-2025), where other subjects like
Medicine got 4 seats over the period of 5 years. If the petitioner is not
considered this year, she will not get any chance to be considered
under the scheme in the next year also. The Senior Residents are
assigned to different departments and the petitioner is in the
department of Radiodiagnosis since the date of her initial
appointment. As per the rules, she can only to be considered for PG
in Radiodiagnosis course as stipulated by Para 2(III) of the
notification dated 16.02.2022 [Annexure-P/33]. On the other hand, the
respondent No. 4, (appellant herein) a Senior Casualty Medical
Officer who has not been assigned to any particular department
except the Casualty, can be adjusted in any subject.”
“[83] Learned AG has admitted the existence of one subsequent vacant
seat in PG course in General Medicine in JNIMS as surrendered by
one Dr. Md. Mosmir in the 2024 session.”
Moulding of Relief:
“[84] In a recent judgment of J. Ganapatha and Ors. vs. N. Selvarajalou
Chetty Trust and Ors.: MANU/SC/0387/2025: 2025 INSC 395, Hon’ble
Supreme Court discussed the concept of moulding of relief as an
exception in a proceeding based on the facts and circumstances ofWA No. 29 of 2025 Contd…/-
[19]
the case, even if the relief granted was not actually prayed for. While
applying the rule, utmost care ought to be taken so as not to cause
injustice and prejudice to any party. Relevant para is reproduced
below:
“20. The concept of moulding of relief refers to the ability of a court
to modify or shape a relief sought by a party in a legal
proceeding based on the circumstances of the case and the
facts established after a full-fledged trial. The principle enables
the court to grant appropriate remedies even if the relief
requested in the pleading is not exact or could not be
considered by the court or changed circumstances have
rendered the relief obsolete. The court aims that justice is
served while taking into account the evolving nature of a case.
The above road map is pursued by a court based on the notion
of flexibility in relief, equitable jurisdiction, and is tempered
by judicial discretion. When moulding the relief, the court
considers the issues and circumstances established during the
full-fledged trial, looks at shortening the litigation, and then in
its perspective, renders complete justice to the issue at hand.
The converse of the above is that the moulded relief should not
take the aggrieved party by surprise or cause prejudice. The
relief is moulded as an exception and not as a matter of course.”
“[85] In the case of Shivanna and Ors. y. B.S. Puttamadaiah (Dead) through
L.Rs.: MANU/SC/1462/2023, Hon’ble Supreme Court reiterated the
principles of moulding of relief as an exception to do complete
justice to the parties. Relevant para are quoted below for easy
understanding:
“11. The submission made by Mr. Sharanagowda Patil, learned
Counsel appearing for the Appellants and Mr. Ashwin v.
Kotemath, learned Counsel appearing for the Respondents are
considered. What is important to note here is that the First
Appellate Court declared title in favour of the Defendant
although the Defendant never put forth any such claim in the
Civil Suit. The suit was filed by the Plaintiff seeking declaration
and injunction and the Appellate Court after dismissing the suit
could not have then issued the declaration of title and
possession, in favour of the Defendant, particularly when the
Defendant never claimed any such relief from the Civil Court. It
is well-settled in law that the principle of moulding of reliefs
could at best be applied as an exception. This Court in Om
Prakash Gupta v. Ranbir B. Goyal, MANU/SC/0035/2002: 2002
INSC 35: (2002) 2 SCC 256 laid down the following conditions
where the relief could be moulded:
11. The ordinary Rule of civil law is that the rights of the parties
stand crystallised on the date of the institution of the suitWA No. 29 of 2025 Contd…/-
[20]
and, therefore, the decree in a suit should accord with the
rights of the parties as they stood at the commencement of
the lis. However, the Court has power to take note of
subsequent events and mould the relief accordingly
subject to the following conditions being satisfied:
(i) that the relief, as claimed originally has, by reason of
subsequent events, become inappropriate or cannot
be granted;
(ii) that taking note of such subsequent event or changed
circumstances would shorten litigation and enable
complete justice being done to the parties; and
(iii) that such subsequent event is brought to the notice of
the court promptly and in accordance with the Rules of
procedural law so that the opposite party is not taken
by surprise.”
“[86] Keeping in mind the principle of moulding of relief as an exceptional
measure so as to do complete justice to the contesting rights of both
parties and without going to the merit of the case, this Court is of the
considered view that it will suffice, just and proper if respondent
No. 4 (appellant herein) is adjusted against the PG seat in Medicine
vacated by one Dr. Md. Mosmir in terms of the letter dated 21.05.2025
in PG in Medicine in JNIMS and in seat of PG in Radiodiagnosis to be
vacated by the respondent No. 4 (appellant herein), the petitioner and
similarly situated candidates, i.e., the Senior Residents and other
teachers in JNIMS in Radiodiagnosis department are to be
considered. It may be noted that the petitioner has also filed an
affidavit dated 05.05.2025 affirming on oath that she is the only
Senior Resident working in the Radiodiagnosis department of
JNIMS, indirectly implying that she is the only eligible candidate
under the notifications dated 16.02.2022 and 21.10.2022. This fact
may be ascertained by the authority.”
“[88] This Court is conscious of the fact that respondent No. 4 (appellant
herein) may face some difficulties in shifting to another course in
Medicine from the Radiodiagnosis in mid-way. However, this will be
a consolation and a lesser evil against the possibility of cancellation
of his seat looming over his head as Damocles’ sword, if the matter
is to be considered on merit.”
“[89] With these observations and directions, the official respondents are
directed to adjust the admission of the respondent No. 4 (appellant
herein) in PG course in Radiodiagnosis subject against the
subsequent vacant PG seat in Medicine in JNIMS as surrendered by
one Dr. Md. Mosmir on personal ground and the petitioner and
other eligible candidates, if any, as per Para (iii) of the notification
dated 21.10.2022, be considered for admission in PG seat in
Radiodiagnosis. It is made clear that the respondent No.4 (appellantWA No. 29 of 2025 Contd…/-
[21]
herein) is not required to pay any fee for fresh admission and all
payments made by him for admission in PG for Radiodiagnosis will
be adjusted against the new seat. The bond submitted by him will be
valid for the now subject. The respondent No.4 (appellant herein) is
liable to pay future fee and charges only.”
“[90] It is clarified that this is one-off exercise undertaken by this Court in
exercise of its extraordinary power under Article 226 of the
Constitution for doing complete justice by keeping in mind the
interest of both the petitioner and respondent No. 4 (appellant
herein). While taking this decision as an exception, this Court
considers the fact that the petitioner is having only one opportunity
in the year 2024 over the period of 5 years for admission in
Radiodiagnosis course and also the difficulty to be faced by the
respondent No.4 (appellant herein), if his admission to be cancelled.
This exceptional endeavour is not to be treated as a precedent and
this exercise is resorted to for doing complete justice to both parties
in the peculiar facts of the present case.”
“[91] Since the scheme is valid for up to 2025, the JNIMS authority has the
liberty to re-consider the problematic portion of Para (iii) of the
notification dated 21.10.2022 [Annexure-A/34] which requires the
Senior Casualty Medical Officer/ Casualty Medical Officer to
surrender the seat at a later stage in favour of the teachers. This
Court is not passing any direction in this regard.”
“[92] With the above observations and directions, WP(C) No. 218 of
2025 is disposed of. The direction for adjustment of the seat for
the respondent No. 4 (appellant herein) to Medicine and the
consideration of the petitioner’s request for) admission in PG seat in
Radiodiagnosis be completed as expeditiously as possible keeping
in mind the stage of the present semester.”
Feeling aggrieved, the appellant filed the present appeal
challenging the judgment and order passed by the learned Single Judge
and praying for setting aside the impugned judgement and order dated
11-06-2025 passed in WP(C) No. 218 of 2025.
[22] Mrs. G. Pushpa, learned counsel appearing for the appellant
submitted that both the appellant and the respondent No. 4 appeared in the
NEET-PG 2024 Examination and the appellant scored 26.580 percentile
whereas the respondent No. 4 scored only 6.836 percentile and that in the
WA No. 29 of 2025 Contd…/-
[22]
All India NEET-PG Ranking, the appellant was placed at Rank No. 159042
whereas the respondent No. 4 was placed at Rank No. 201615 and as
such, the appellant is far more meritorious than the respondent No. 4. It has
also been submitted that in the 3rd Round Counselling, the appellant was
eligible and he got selected for undergoing PG course in Radiodiagnosis in
JNIMS for the Academic Session 2024-2025 whereas the respondent
No. 4 was not even eligible to participate in the said 3rd Round Counselling,
therefore, the appellant was selected on the basis of merit over the
respondent No. 4. It has been submitted that as the appellant is far more
meritorious than the respondent No. 4, the findings and the directions given
by the learned Single Judge that the respondent No. 4 is entitled to get the
PG seat in Radiodiagnosis against which seat the appellant has already
been admitted and undergoing PG course is very arbitrary and against the
well settled rules and law laid down by the Hon’ble Supreme Court.
Accordingly, the impugned order is liable to be quashed and set aside.
[23] The learned counsel for the appellant submitted that the
3rd Round Counselling was held on 03-02-2025 and the result of the same
was declared on 04-02-2025. The appellant and other candidates were
provisionally selected and allotted seat for undergoing PG course and the
candidates were informed for getting themselves admitted by depositing
necessary fees and the required documents on or before 07-02-2025.
Thereafter, the admission of the candidates selected after completion of the
3rd Round Counselling was finalized on 10-02-2025 and thereafter, the
names of the candidates so admitted were submitted to the National
Medical Council and the same was uploaded. It has also been submitted
that after the admission of the appellant was over and confirmed by the
WA No. 29 of 2025 Contd…/-
[23]
National Medical Council, the appellant has been attending classes w.e.f.
10-02-2025 and at this juncture, if the appellant is to be shifted in another
department such as Medicine in terms of the directions given by the learned
Single Judge, the academic interest of the writ appellant shall be greatly
disturbed. It has further been submitted that as the appellant has been
attending classes for the last about six months the initial provisional
admission has become regular in terms of various judgments passed by the
Hon’ble Supreme Court and as such, the direction given by the learned
Single Judge to seek his admission to another subject is unreasonable,
arbitrary and against the principle of law laid down by the Hon’ble Apex
Court.
[24] It has been submitted on behalf of the appellant that the appellant
filed WP(C) No. 295 of 2025 challenging the Notification dated 21-10-2022
and the said writ petition was tagged along with WP(C) No. 218 of 2025
filed by the respondent No. 4 and the same were listed before the learned
Single Judge for hearing jointly. The learned counsel submitted that at para
No. 71 of the impugned judgment, the learned Single Judge observed that
the impugned notification dated 21-10-2022 is discriminatory against the
Senior Casualty Medical Officers/ Casualty Medical Officers in JNIMS to
the extent that the latter have to surrender their seats if the teachers
like the respondent No. 4 becomes eligible in subsequent NEET-PG
Counselling on account of reduction of eligibility criteria. It has been
strenuously submitted that despite such clear cut observations made by
the learned Single Judge, the learned Single Judge failed to interfere with
the said impugned notification dated 21-10-2022 and declined to decide the
writ petition being WP(C) No. 295 of 2025 filed by the appellant and directed
WA No. 29 of 2025 Contd…/-
[24]
to list it for consideration of the legality of the impugned notification dated
21-10-2022 raised by the appellant on a later date. The learned counsel
submitted that such decision of the learned Single Judge shows partiality
and the appellant has been denied to get justice at the appropriate time.
The learned counsel, accordingly, submitted that the impugned judgment
is liable to be interfered with on this count alone. It has also been submitted
that while passing the impugned judgment and order dated 11-06-2025, the
learned Single Judge has failed to quash and set aside any of the impugned
orders as prayed for in the writ petition filed by the respondent No. 4 and
as such, all the impugned orders are still intact and having the force of law.
[25] It has been submitted on behalf of the appellant that the Medical
Counselling Committee (MCC) in its Bulletin Information and Counselling
Scheme laid down the rule providing that the authorities shall publish
guidelines and time schedule for the conduct of examination, common
counselling, admission, joining and commencement of academic session
and that the designated authority shall conduct common counselling in
conformity with such published guidelines and time schedule. It has been
submitted that in the present case, the counselling and admission in respect
of PG seats in JNIMS had already been over and as such, the same cannot
be changed now. The learned counsel, accordingly, submitted that the
directions given by the learned Single Judge in the impugned judgment and
order are akin to changing such rules and as such, the impugned judgment
and order is not sustainable in the eyes of law.
[26] The learned counsel for the appellant also submitted that there
is no wrong in challenging the offending portion of a piece of legislation and
WA No. 29 of 2025 Contd…/-
[25]
the appellant challenging para (iii) of the Notification dated 21-10-2022 by
filing WP(C) No. 295 of 2025 is permissible in law by way of applying the
Doctrine of Severability. It has been submitted that the legislative intent in
issuing the impugned notification dated 21-10-2022 is to make the Senior
Casualty Medical Officers/ Casualty Medical Officers also eligible to apply
to the reserve Post-Graduate medical seats in JNIMS. However, the said
notification also providing for surrendering of the allotted seat even after
admission and attending classes being illegal, the same can be dealt with
under judicial review. It has been contended that the Information and
Bulletin and the Counselling Scheme issued by the MCC is a Central rule
whereas the said impugned notification dated 21-10-2022 is a piece of
sub-ordinate legislation made by JNIMS and the same does not carry the
same degree of immunity which is enjoyed by a statute.
[27] It has also been submitted by the learned counsel that the
respondent No. 4 never participated in any NEET-PG Counselling and that
for admission to any PG course, a candidate is required to participate in
counselling and only on being selected and recommended after such
counselling a candidate can be admitted for undergoing PG course.
According to the learned counsel, as all rounds of counselling have already
been completed, no further counselling can be held as mandated by
the Hon’ble Apex Court in a catena of its judgments and as such, the
respondent No. 4 cannot be admitted for undergoing PG course at this point
of time.
[28] The learned counsel, lastly, submitted that neither the
Undertaking dated 26-02-2025 given by the appellant at the time of his
WA No. 29 of 2025 Contd…/-
[26]
admission nor the application dated 26-02-2025 submitted by the appellant
requesting for re-considering his case for admission for PG course in
Medicine or Pathology were part of the record and that the said documents
were placed before this court by the learned Advocate General during the
hearing of the present appeal. The learned counsel submitted that the
appellant did not deny the existence of the said two documents, however,
it has been submitted that the alleged undertaking as well as the alleged
hand written application were not voluntarily submitted by the appellant and
that the appellant was made to submit the same on the instruction of the
authority of JNIMS. The learned counsel submitted that such undertaking
and the application are not binding upon the appellant.
The learned counsel submitted that there is no illegality in the
allotment of seat to the appellant in the 3rd Round of NEET-PG Counselling
and hence, there is no good ground for interfering with the admission for
undergoing PG course in the Department of Radiodiagnosis.
[29] In support of her contentions, the learned counsel appearing for
the appellant cited the following case laws:-
1. 20022 SCC OnLine SC 1442 “Board of Governors in
Supersession of Medical Council of India Vs. Dr. Priyambada
Sharma & ors.” (para 9, 26 and 27)
(para. 21 and 23)
3. (2008) 3 SCC 512 “K. Manjushree Vs. State of Andhra
Pradesh & anr. (para. 32)
WA No. 29 of 2025 Contd…/-
[27]
4. (2021) 10 SCC 116 “Somesh Thapliyal & anr. Vs. Vice
Chancellor, H.N.B. Garhwal University & anr. (para. 37 to
52)
5. (2012) 7 SCC 433 “Priya Gupta Vs. State of Chhattisgarh
(para. 32 to 38, 71,72, 78 and 79)
6. Order dated 25-06-2025 passed in SLP No. 14738 of 2025
“Kadam Girish Shriram Vs. Union of India & ors.”
7. (2022) 7 SCR 1078 “Dr. Astha Goel & ors. Vs. Medical
Counselling Committee & ors.” (para. 10.4, 10.5, 10.6 & 11)
[30] Mr. Lenin Hijam, learned Advocate General, Manipur appearing
for the respondents No. 1, 2 and 3 submitted that the appellant was
appointed as Casualty Medical Officer in JNIMS in 2013 and promoted to
Senior Casualty Medical Officer in 2021. The respondent No. 4 was
appointed as Senior Resident in the Department of Radiodiagnosis in
JNIMS in 2012. Both of them have completed 12 years and 13 years
services in JNIMS. Both the appellant and the respondent No. 4 appeared
in the NEET-PG Examination, 2024.
[31] It has been submitted by the learned Advocate General that
under the Rule 7(d)(I) of the Time Scale Promotion (Regularly appointed)
Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer possessing
Post-Graduate Degree (1st Amendment) Rules, 2022 (1st Amended Rules,
2022), it is provided that 14 percent of the State Open Quota seats in
Post-Graduate Degree course of the institute shall be reserved for those
regularly appointed Senior Resident/ Tutor/ Demonstrator (Teachers) who
do not possess Post-Graduate Degree. It has also been submitted that
WA No. 29 of 2025 Contd…/-
[28]
under Rule 7(d)(VII) & (VIII) of the said rules, it is provided that the
reservation shall be in force for five years, i.e., till 2025 and that the details
of reservation roster shall be as per given at Schedule – I of the said rules.
The learned Advocate General submitted that the four seats in the
subjects of Medicine – 1, OBG – 1, Pathology – 1 and Radiodiagnosis – 1
reserved for JNIMS sponsored candidates for the academic year 2024-
2025 and as notified in the Notification dated 25-11-2024 issued by the
Director, JNIMS have been reserved in terms of Rule 7(d)(I), (VII) and (VIII)
of the 1st Amended Rules, 2022. The learned Advocate General further
submitted that under the Rules 7(d)(II) & (III) of the said 1st Amended Rules,
2022, it is provided that in order to be eligible for the reserved 4 PG seats,
the candidate must qualify NEET-PG Examination and that the reservation
of PG seats shall be done in the same Department in which they were
already working. It has been submitted that under the said 1st Amended
Rules, 2022, Senior Casualty Medical Officers and Casualty Medical
Officers working in JNIMS were not entitled to be considered against the
reserved seats provided under the said 1st Amended Rules, 2022.
[32] The learned Advocate General also submitted that under the
scheme for reservation of Post-Graduate Medical seats in JNIMS for
Senior Casualty Medical Officers and Casualty Medical Officers
(Reservation Scheme, 2022), JNIMS as notified under the Notification
dated 21-10-2022 issued by the Director, JNIMS, it is provided that –
(I) The reservation of PG seats for regularly appointed Senior
Casualty Medical Officers and Casualty Medical Officers will
be considered only if any of the regularly appointed Senior
Resident/ Tutor/ Demonstrator/ Lady Medical Officer quota seats
WA No. 29 of 2025 Contd…/-
[29]
provided by Rule 7(d) of the 1st Amended Rules, 2022 are not
filled up due to unavailability of regularly appointed Senior
Resident/ Tutor/ Demonstrator/ Lady Medical Officer of the
concerned Department of JNIMS in that academic year;
(II) In order to be eligible for the said reserved PG seats, the Senior
Casualty Medical Officers/ Casualty Medical Officers must
qualify NEET-PG Examination;
(III) Since Senior Casualty Medical Officers/ Casualty Medical
Officers are open to any of the allocated PG seats/ subjects,
Senior Casualty Medical Officers and Casualty Medical Officers
shall be eligible to join 1st Round of PG Counselling but allotment
of PG seats will be considered from the 2nd Round Counselling
onwards and that if eligible candidates are available from the
regular Senior Resident/ Tutor/ Demonstrator/ Lady Medical
Officer in the concerned subject after lowering NEET-PG cut-off
percentile in the subsequent round, the Senior Casualty Medical
Officers/ Casualty Medical Officers who have been allotted PG
seat must surrender the seat;
(VI) Reservation Scheme shall be in force for five years i.e., till 2026.
[33] According to the learned Advocate General, the selection and the
recommendation of candidates against the aforesaid 4 PG seats reserved
for JNIMS sponsored candidates, which were notified under the Notification
dated 25-11-2024, must be strictly in terms of the 1st Amended Rules, 2022
and the Reservation Scheme, 2022.
WA No. 29 of 2025 Contd.../-
[30]
[34] The learned Advocate General submitted that when the minimum
cut-off percentile for becoming eligible for counselling was lowered to 15
percentile on 04-01-2025, the appellant become eligible for counselling and
he was selected and recommended for admission for undergoing PG
course in Radiodiagnosis and thereafter, he was admitted in JNIMS for the
said PG course. It has also been submitted that when the minimum cut-off
percentile for becoming eligible for counselling was again lowered to 5
percentile on 25-02-2025, the respondent No. 4 also become eligible for
counselling and as such, the respondent No. 4 submitted applications and
representations for considering her case against the seat of Radiodiagnosis
reserved for JNIMS sponsored candidates as she is entitled and eligible
in terms of 1st Amended Rules, 2022 and Reservation Scheme, 2022.
According to the learned Advocate General, the respondent No. 4 is entitled
to be considered for admission for undergoing PG course against the PG
seat of Radiodiagnosis reserved for JNIMS sponsored candidates for the
academic year 2024-2025.
[35] It has been submitted by the learned Advocate General that as
the selection and the recommendation of candidates against the aforesaid
4 seats reserved for JNIMS sponsored candidates are to be done strictly in
terms of the aforesaid 1st Amended Rules, 2022 and Reservation Scheme,
2022, the contentions made on behalf of the appellant that the selection of
candidates against the said 4 reserved posts are to be done strictly on merit
is misconceived and without any substance. It has been submitted that
the appellant, who is a well-educated person and serving as a Doctor,
voluntarily submit his candidature for counselling against the seat reserved
for JNIMS sponsored candidates knowing fully well the terms and
WA No. 29 of 2025 Contd…/-
[31]
conditions as provided under the 1st Amended Rules, 2022 and Reservation
Scheme, 2022 that he must surrender the seat in case any eligible
candidate, who is serving as Senior Resident/ Tutor/ Demonstrator/ Lady
Medical Officer become eligible after lowering the cut-off percentile in
subsequent rounds.
It has been specifically pointed out by the learned Advocate
General that at the time of his admission the appellant gave an Undertaking
in writing on 10-02-2025 that the appellant understand that the seat allowed
to him was provisional and is subject to change of speciality or surrender of
seat based on any eventuality within MCC/ NBEMS framework and any
rules of the State including lowering of percentile, court direction, etc. It has
also been pointed out by the learned Advocate General that when the
respondent No. 4 become eligible for counselling due to lowering of the
minimum cut-off percentile at 5 percentile on 25-02-2025, the appellant
submitted another application on 26-02-2025 to the Director, JNIMS stating
that if there has been any changes in the seat allocation after admission,
he would like the chance to further participate in the in-service JNIMS
sponsored category seats and requesting to re-consider and reserve the
Medicine and Pathology PG seats reserved for in-service JNIMS sponsored
category candidates in the upcoming stray round. In this regard, the learned
Advocate General submitted a copy of the Undertaking dated 10-02-2025
submitted by the appellant and also a copy of the application submitted by
the appellant on 26-02-2025. The counsel for the appellant do not deny the
existence or authenticity of the said documents.
WA No. 29 of 2025 Contd.../-
[32]
[36] The learned Advocate General submitted that the selection and
the recommendation of the appellant for his admission against the PG seats
of Radiodiagnosis had been done in terms of the 1st Amended Rules, 2022
and the Reservation Scheme, 2022 after knowing fully well the terms and
conditions mentioned in the said rules and reservation scheme. The
learned Advocate General, accordingly, submitted that the appellant cannot
raise the plea that the terms and conditions mentioned in the Reservation
Scheme 2022 is arbitrary and discriminatory at this point of time as the
same amounts to approbate and reprobate. In this regard, the learned
Advocate General cited the judgment rendered by the Hon’ble Apex Court
in the case of “Union of India & ors. Vs. N. Murugesan & ors.” reported
in (2022) 2 SCC 25, wherein it has been held at para. 26 as under:-
“26. These phrases are borrowed from the Scots law. They would only
mean that no party can be allowed to accept and reject the same
thing, and thus one cannot blow hot and cold. The principle behind
the doctrine of election is inbuilt in the concept of approbate and
reprobate. Once again, it is a principle of equity coming under the
contours of common law. Therefore, he who knows that if he objects
to an instrument, he will not get the benefit he wants cannot be
allowed to do so while enjoying the fruits. One cannot take advantage
of one part while rejecting the rest. A person cannot be allowed to
have the benefit of an instrument while questioning the same. Such
a party either has to affirm or disaffirm the transaction. This principle
has to be applied with more vigour as a common law principle, if such
a party actually enjoys the one part fully and on near completion of
the said enjoyment, thereafter questions the other part. An element
of fair play is inbuilt in this principle. It is also a species of estoppel
dealing with the conduct of a party. We have already dealt with the
provisions of the Contract Act concerning the conduct of a party, and
his presumption of knowledge while confirming an offer through his
acceptance unconditionally.”
[37] The learned AG, lastly, submitted that the respondent No. 4 can
be considered for her admission for undergoing PG course in JNIMS only
against the lone seat of Radiodiagnosis for the academic year 2024-2025,
WA No. 29 of 2025 Contd…/-
[33]
whereas the appellant can be re-considered for his admission against the
available seat of Medicine in terms of the aforesaid 1st Amended
Rules, 2022 and Reservation Scheme 2022 and both of them can be
accommodated in terms of the directions given by the learned Single
Judge in the impugned judgment and order. The learned Advocate General,
accordingly, prays for not interfering with the impugned judgment and order
in the interest of both the appellant as well as the respondent No. 4 and that
the State respondents are ready to implement such directions in the interest
of both the candidates.
[38] Mr. N. Ibotombi, learned senior counsel appearing for the
respondent No. 4 submitted that the reservation as provided under the
Amended Rules of 2022 is only for five years, i.e., till 2025 and that the
reservation of PG seats for Senior Resident/ Tutor/ Demonstrator/ Lady
Medical Officer shall be done in the same Department in which they are
also working. It has also been submitted by the learned senior counsel that
as per Schedule – I appended to the said Amended Rules of 2022, only 1
seat is reserved in the Department of Radiodiagnosis in the academic year
2024 during the whole five years while the said reservation rules was in
force. According to the learned senior counsel, the respondent No. 4 got
only one chance, i.e., for the academic year 2024 to get admission for
undergoing PG course against the lone reserved seat in the Department of
Radiodiagnosis in terms of the aforesaid 1st Amended Rules, 2022 and that
unless the claim of the respondent No. 4 for considering her case against
the said lone seat is considered in terms of the said 1 st Amended Rules
read with the provisions of the Reservation Scheme of 2022, her one time
chance to get admission against the said lone post as provided under the
WA No. 29 of 2025 Contd…/-
[34]
said rules and scheme will be defeated and she will be prejudicially
affected. On the other hand, the case of the appellant can be considered
against the available vacant seat of Medicine as requested by the appellant
himself in his application submitted on 26-02-2025 and that both of them
can be accommodated for undergoing PG course in the academic year
2024-2025.
[39] The learned counsel submitted that as soon as the respondent
No. 4 become eligible for participating in the Stray Vacancy Round
Counselling due to lowering of the minimum cut-off percentile, she
submitted an application dated 26-02-2025 for allowing her to participate in
the counselling well in time. It has also been submitted that the respondent
No. 4 again submitted another representation dated 27-02-2025, stating,
inter alia, that she has become qualified and entitled to have the PG seat in
Radiodiagnosis reserved for JNIMS sponsored candidates and that the
appellant must surrender the said seat as provided under para. III of the
Reservation Scheme of 2022 and that there was no delay on the part of the
respondent No. 4 in making a claim for considering her case. It has been
submitted that the appellant had himself submitted an application to the
authorities in his own hand writing on 26-02-2025 that if there has been any
changes in the seat allocation after admission, he would like the chance
to further participate in the Stray Round Counselling against the seat of
Medicine and Pathology which has been reserved for JNIMS sponsored
candidates. The learned counsel further submitted that despite such claim
made by the respondent No. 4 and the request made by the appellant well
in time, the authorities failed to consider their request and due to such
inaction on the part of the authorities, the respondent No. 4 should not be
WA No. 29 of 2025 Contd…/-
[35]
allowed to suffer without any fault on her part and that her one time chance
of getting admission for undergoing PG course against the lone post of
Radiodiagnosis as provided under the rules should not be deprived of
without any fault on her part.
[40] The learned senior counsel submitted as there is no vacant
seat available in the Department of Radiodiagnosis, the respondent No. 4
cannot participate in any counselling for admission against the said seat,
however, as and when the said seat become vacant after the appellant
surrender the seat, the respondent No. 4 can participate in the counselling
for admission against the said seat. The learned counsel, accordingly,
submitted that the plea raised by the learned counsel appearing for the
appellant that the respondent No. 4 has not participated in any counselling
is unreasonable and that on such ground the claim made by the respondent
No. 4 for considering her case against the said seat cannot be rejected.
[41] We have heard the rival submissions advanced by the learned
counsel appearing for the parties at length and also carefully examined all
the materials available on record. In the present case, it is an undisputed
fact that the appellant applied for his admission and got selected in the 3 rd
Counselling against the seat reserved for the JNIMS sponsored candidates
as provided under the 1st Amended Rules of 2022 and Reservation Scheme
of 2022 and not under any other rules or regulations. It is also an undisputed
fact that the appellant gave a written undertaking dated 10-02-2025 at the
time of his admission that the seat allotted to him is provisional and subject
to change in speciality or to surrender the seat on any eventuality. It is
also an undisputed fact that the appellant submitted an application on
WA No. 29 of 2025 Contd…/-
[36]
26-02-2025 in his own hand writing stating that if there is any change in the
seat allocation after his appointment, he will like the chance to participate
in the upcoming Stray Round Counselling against the PG seats of Medicine
and Pathology reserved for JNIMS sponsored candidates.
On the other hand, it is also undeniably on record that on
becoming eligible to participate in the Stray Round Counselling due to
lowering of the minimum cut-off percentile, the respondent No. 4 promptly
submitted an application for allowing her to participate in such counselling.
The respondent No. 4 again submitted a representation on 27-02-2025 to
the authorities stating that the appellant must surrender the PG seat of
Radiodiagnosis in terms of para. III of the Reservation Scheme of 2022 and
thereafter, to allot the said seat to her as provided under the 1st Amended
Rules as she has become eligible and entitled to get the said PG seat. In
our considered view, there was no delay or lapses on the part of the
respondent No. 4 in making a claim to the authorities to consider her case
for admission against the PG seat in the Department of Radiodiagnosis as
provided under the 1st Amended Rules of 2022 read with the Reservation
Scheme of 2022 and that the authorities have unreasonably and without
any justification failed to consider her claim in time. We are also of the
opinion that the respondent No. 4 is entitled to have her case consider for
admission against the lone PG seat in the Department of Radiodiagnosis,
which is reserved for the JNIMS sponsored candidates, as provided under
the 1st Amended Rules, 2022 read with the Reservation Scheme of 2022
and such entitlement cannot be deprived of only on account of the inaction
on the part of the authorities and without any fault on the part of the
respondent No. 4.
WA No. 29 of 2025 Contd.../-
[37]
[42] The learned Single Judge, after taking into consideration the
above factors and also taking into consideration that if the writ petition filed
by the respondent No. 4 was decided on merit, either the appellant or the
respondent No. 4 will be deprived of undergoing PG course and they will
be made to suffer without any fault on their part, refrain from deciding the
said writ petition on merit. Taking into consideration the fact that a vacant
PG seat in the Department of Medicine is available against which the
appellant can be accommodated, the learned Single Judge disposed of
the writ petition filed by the respondent No. 4 by moulding the reliefs in
such a way that both the appellant as well as respondent No. 4 can be
accommodated for undergoing PG course in JINMS in the academic year
2024-2025 and also in order to protect the interest of both the candidates
and to prevent victimisation of either of the said candidates without any fault
on their part.
[43] Taking into consideration the facts and circumstances of the
present case and the factors considered by the learned Single Judge and
the efforts to protect the interest of both the appellant and the respondent
No. 4 and also taking into consideration the submission advanced by the
learned Advocate General that both the appellant and the respondent
No. 4 can be accommodated for undergoing PG course in JNIMS for the
academic year 2024-2025 in terms of the directions given by the learned
Single Judge in the impugned judgment and order, we are of the considered
view that it will be in the interest of both the appellant as well as the
respondent No. 4 not to interfere with the impugned judgment rendered by
the learned Single Judge and accordingly, we declined to do so. We direct
the official respondents to expedite the necessary process for implementing
WA No. 29 of 2025 Contd…/-
[38]
the directions given by the learned Single Judge in the impugned judgment
and order immediately without any delay. With the above observations and
directions, the present writ appeal is disposed of.
JUDGE CHIEF JUSTICE FR / NFR Devananda WA No. 29 of 2025 Contd.../-
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