PRINCIPAL MOTI LAL NEHRU MEDICAL COLLEGE DR JUHI JAIN DR PADMA PANJWANI Vs. VANDANA SINGH:PRINCIPAL M L N MEDICAL COLLEGE ALLAHABAD:PRINCIPAL M L N MEDICAL COLLEGE ALLAHABAD

JUDGEMENT

(1.) These three petitions can be disposed of by a common order. Since we have heard counsel at some length we grant special leave in these petitions and proceed to dispose of the appeals.

(2.) In the Motilal Nehru Medical College (M.L.N. College) at Allahabad there are 8 seats for a post-graduate course in Obstetrics and Gynaecology. Of these, 6 seats are reserved f r institutional candidates and two are reserved for external candidates. The Principal of the college has filled up all the 8 seats by admitting institutional candidates and without considering the cases of any external candidate. Among the institutional candidates Dr. Juhi Jain and Dr. Padma Panjwani, who had obained the highest percentage of marks have been admitted and Dr. Vandana Singh, who had applied for admission as an external candidate was not considered. Dr. Vandana Singh, therefore, approached the Allahabad High Court, which upheld her contention and held that the two seats in question should have been filled up in accordance with a notification published by the State Government on 26th April, 1986 (amending a previous notification dated 15-12-1982) which provided as follows:

(3.) The Court, therefore, set aside the admission of Dr. Juhi Jain and Dr. Padma Panjwani and directed the Principal of the Medical College to consider the cases of Dr. Vandana Singh and other external candidates, who were eligible for admission to the "open" twenty five per cent, seats on merits and in accordance with law.