R K GUPTA Vs. DEAN UNIVERSITY OF DELHI

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India seeks an appropriate writ, order or direction quashing Cl. 10 of Appendix I in the Bulletin of Information issued by Faculty of Medical Sciences, University of Delhi. A further relief claimed is for the issue of a writ of mandamus directing the respondents to admit the petitioner for the medical courses according to law.

(2.) The University of Delhi runs three medical colleges, namely, Lady Harding Medical College, Maulana Azad Medical College and University College of Medical Sciences having 130, 180 and 100 seats respectively for M.B.B.S. Course. Maulana Azad Medical College has, in addition, 20 seats for B.D.S. Course. Prior to the academic year 1987-88, the Bulletin of Information for the M.B.B.S./B.D.S. courses provided that candidates appearing for the M.B.B.S. Course may also indicate whether, in the event of their not being selected for the M.B.B.S. Course, they wish to be considered for the B.D.S. Course. The candidates for both courses were being selected according to the number of seats available on the basis of one general and integrated merit list. The seats were being allotted according to the order of preference. In other words, if a candidate was unable to get his first preference, he could be selected for other course as second preference on the basis of integrated merit list of the entrance examination. The candidates from the top of the merit list were selected according to the total number of seats available.

(3.) But for the session of 1987-88, a new Cl. 10 in Appendix-I in the Bulletin of Information of the Faculty of Medical Sciences, University of Delhi was inserted reading as follows :