STATE OF UTTAR PRADESH Vs. ANUPAM GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) As common questions of facts and law arise for decision, these appeals are disposed of by a common judgment. Dr. Anupam Gupta, Dr. (Km.) Renu Agarwal and Dr. Sanjay Agarwal passed their M.B.B.S. course and also completed internship. The first two appeared for the Post Graduate Medical Entrance Examination (P.G.M.E.E.) held by Lucknow University on September 30, 1990 for admission into postgraduate degree and diploma courses in specialities. Dr. Sanjay Agarwal had appeared for the year 1991. Dr. Anupam Gupta secured in his qualifying M.B.B.S. examination 61.8% and 41.6% in Entrance examination. Dr. (Km.) Renu Agarwal secured 65% in the M.B.B.S qualifying examination and 49.1% in Entrance examination. Dr. Sanjay Agarwal secured 53.60 in qualifying M.B.B.S. examination and 46.6% in Entrance examination. They were denied admission in postgraduate courses due to their failure to secure minimum 50% qualifying marks in the Entrance examinations. Assailing the denial thereof, offending Articles 14, 15(1) and 29(2) of the Constitution they filed the writ petitions. In the case of first two Doctors, by a common judgment dated August 24, 1991, the High Court allowed the writ petitions and directed to give them admission in Allahabad and Agra Medical College in the Gynaecology and Obstetrics degree course to which they had given their options. The High Court upheld the validity of the prescription of 50% of the minimum marks as eligibility criteria. But on the finding that there are two vacant seats available for admission, directed those seats be given to them. Following this ratio Dr. Sanjay Agarwal was directed to be admitted in the Post Graduate Degree Course in Anesthesia in Gorakhpur Medical College in his writ petition. The State filed the appeals against these judgments.

(3.) Section 28 (5) of the U. P. Universities Act 10 of 1973, as amended by the Act 15 of 1980, the later came into force from January 1, 1979, for short the Act provides that: