R K KHANDELWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether the appellant, Dr. R. K. Khandelwal, is entitled to be admitted to the M. D. Course in Paediatrics of the Agra University and whether in denying him that opportunity, the State has violated any of his legal rights.

(2.) The appellant passed his M.B.B.S. Examination from the S. N. Medical College, Agra, in December, 1976 and completed his internship in December, 1977. Being desirous of prosecuting postgraduate studies in Paediatrics, he took a year's house-job in the Paediatrics Department of the S. N. Medical College Hospital, which he completed in January, 1976. He then applied for admission to the M. D. Course in Paediatrics for the academic year 1979-80. He was admitted to the D. C. H. Course but he was refused admission to the M. D. Course on two grounds:First, that amongst the applicants for the M. D. Course in Paediatrics there were four students who had secured higher marks than him in the M. B. B.S. Examination; and second that on the basis of the 1:1 ratio between teachers and students, there were only four seats available for the postgraduate course in Paediatrics.

(3.) The appellant filed a writ petition in the High Court of Allahabad challenging the decision of the College by which he was denied admission to M. D. (Paediatrics). That petition was dismissed summarily by a Division Bench of the High Court on the ground that the relief of mandamus sought by the appellant could not be granted to him since he had failed to establish that any of his legal rights was violated. This appeal by special leave is directed against the High Court's order dated April 23, 1979.