ARUN NIRULA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioners who have got admission into the 3 years medical Post Graduate Degree Course in the Delhi University are wanting exemption of one year which they have spent as a houseman.

(2.) In order to understand it is necessary to give a bit of historical background. Prior to 1988 in the Delhi University in order to get the M.B.,B.S. degree one had to complete one year's internship. Thereafter a person did housemanship of one year and was eligible for admission to a 2 years Post Graduate Degree Course or a I year Post Graduate Diploma Course. The question of admission to post graduate medical courses came up for consideration before the Supreme Court in the case of Dinesh Kumar v Motilal Nehru Medical College ( AIR 1985 SC 1059). The Supreme Court noticed that there was a disparity amongst the different universities who are following different criteria in the field of post graduate studies. The Supreme Court recommended that a uniform system should be adopted all over India and the uniform system recommended was a 3 years Post Graduate Degree Course with house job in the first years. The aforesaid decision was followed in another decision of the Supreme Court in the case of Dinesh Kumar & Others v. Motilal Nehru Medical College (1987 (4) SCC) 459. The earlier proposition was reiterated.

(3.) The Delhi University with effect from 1988 introduced 3 years Post Graduate Degree Course and 2 years Post Graduate Diploma Course. The candidates were not required to have done housemanship of one year. Simultaneously, the Delhi University conducted a 2 years Post Graduate Degree Course and a I year Post Graduate Diploma Course which did not require the candidates to have done one year houseman job. In this way whether a person joined the 2 years degree course or the one year diploma course after housemanship or a person joined the three years degree course or the two years diploma course after the internship, the total number of years spent after getting the M.B.,B.S. degree was supposed to be only three years or two years respectively.