VIKAS JAISWAL Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) Students of the 1986 batch, studying medicine in the medical institute of Banaras Hindu University (BHU in short) , due to become eligible for post-graduate courses commencing from 1/01/1992, have filed these applications for direction to the BHU not to hold competitive examination for selection to MD/ms. courses for 1992 in pursuance of notification issued by it on 11/06/1991. Another application has been filed by a few students of the same batch opposing the prayer in these applications. Objection has been filed, even, by those students of 1985 batch who were petitioners in the High court in Writ Petition No. 25986 of 1990 which was disposed of by the Allahabad High court on , 15/02/1990. The special leave petition against this decision was dismissed in April 1991. The applications were filed in August 1991.

(2.) Notification dated 11/06/1991, has been issued by the university in pursuance of observations made by the High court while disposing of the Writ Petition No. 25986 of 1990, that admission to post graduate courses in MD/ms should be regulated through a competitive examination. This was, however, made prospective as the University during pendency of the petition had created additional seats, and every student of 1985 batch was accommodated and grievance of all stood redressed.

(3.) From observation in the High court's judgment it appears that the University proposes to adopt the pattern suggested by this court from 1993 when uniform policy of housemanship shall be adopted. Dispute is about 1992. The method of admission to MD/ms course prior tothe notification has been the percentage of marks obtained in the professional examination. No difficulty arose till 1985 as the number of seats in md/ms has been equal to the number of students doing internship and housemanship. In 1985 some students of 1984 batch were also admitted. This disturbed the proportion. It was, however, got over during pendency of the writ petition by creating additional seats.