AMBESH KUMAR YOUNG DOCTORS ASSOCIATION RAM KUMAR HARISH CHANDRA PALIWAL P K MANGLIK SUSHIL KUMAR SINGH M C GUPTA Vs. PRINCIPAL LLR M MEDICAL COLLEGE MEERUT:STATE OF UTTAR PRADESH:PRINCIPAL L L R M MEDICAL COLLEGE MEERUT:PRINCIPAL G S V M MEDICAL COLLEGE KANPUR:STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All these matters involve a common question of law as to whether the notice dated 15-12-1982 issued by the Government of Uttar Pradesh laying down the qualification regarding eligibility of a candidate to be considered for admission to the post-graduate degree in M.D., M.S. and diploma course in M.D., M.S., etc., on the basis of merit in accordance with the Regulations made under the Indian Medical Council Act is invalid as it trenches upon entry 66 of List I of the Seventh Schedule to the Constitution.

(2.) Civil Appeal No. 6119 of 1983 is against the judgment and order dated 22-4-1983 made in Civil Misc. Writ Petition No. 946 of 1983 by the High Court of Allahabad dismissing the writ petition holding that it was within the competence of the State Government to issue the aforesaid notice laying down the qualification of eligibility for being considered for admission to the post-graduate course by issuing notice dated 15-12-1982 and that the said notice is not repugnant to or does not encroach upon the field covered by entry 66 of the List I of the Seventh Schedule to the Constitution.

(3.) Special Leave Petition No. 7925 of 1983 out of which Civil Appeal No. 6016 of 1983 arises is also directed against the order dated 3-5-1983 summarily dismissing the writ petition No. Nil raising the identical question i.e. challenging the aforesaid notice dated 15-12-1982 issued by the State of Uttar Pradesh.