KIRTIDESHMANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave is granted.

(2.) The appellant and respondent 5 along with others were candidates for admission to the Post-Graduate Course in Obstetrics and Gynaecology in the G. R. Medical College, Gwalior. They had dulypassed the MBBS examination and satisfied the other essential conditions for admission. The selection of the candidates was made on the basis of their relative merit and respondent 5 was selected as the last candidate in the list of the successful applicants. The appellant was placed on the top of the waiting list and was admitted for the Diploma Course. She challenged the admission of respondent 5 on the ground that the latter was a foreign national, and was not entitled to be considered for admission in absence of prior clearance certificate by the Ministry of Health and Family Welfare, central government; which she could not file along with her application nor could she produce it before she was finally selected. A writ application under Article 226 of the Constitution filed by the appellant was heard by a full bench of the Madhya Pradesh High court and was dismissed by the judgment under appeal.

(3.) The learned counsel for the appellant has relied upon the Instruction dated 6/08/1983 issued by the government of India, Ministry of Health and Family Welfare, to the Deans and the Principals of all Medical Colleges regarding procedure for admission of foreign students in medical institutions in the country. By a subsequent order the Instruction which in terms had been issued for a particular year was kept alive. The learned counsel for the respondents have not disputed the binding nature of the Instruction. But there is a serious dispute about its interpretation.