KRISHNA KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner in Writ Petition No. 2447 (M/S) of 1999 passed intermediate examination conducted by the Board of High School and Intermediate Education. U. P. in 1993. He secured 46.2 per cent marks and was placed in second division. His subjects were Physics, Chemistry and Biology. In April, 1999 the State Government, in exercise of powers under Section 28 (5) of the U. P. State Universities Act, 1973, issued an order for conducting competitive entrance examination known as, Combined Pre-Medical Test, 1999 (in brief C.P.M.T. 1999). The work of conducting the examination was entrusted to the Roorkee University. The university issued an advertisement which was published in newspaper Dalnik Jagaran on 22.4.2000 inviting applications for admission to first year course of M.B.B.S., B.D.S., B.H.M.S., B.A.M.S. and B.U.M.S. for the academic session 1999-2000. The minimum qualification prescribed for appearing in the examination, as per the adverllsement, was that the candidate must have passed Intermediate science with Biology group, conducted by the Board or equivalent examination. Sale of forms commenced from 3.5.1999. Last date for receipt of application was 27.5.1999. The petitioner purchased the form. Along with it a brochure was supplied to him. In clause (3) of paragraph 1 of the brochure, it was provided that for admission to M.B.B.S. the conditions laid down by the Medical Council of India (in brief M.C.I.) In the Regulations framed by It known as Regulation on Graduate Medical Education, 1997 (in brief Regulations) shall be applicable. But so far eligibility for appearing in the examination was concerned, it provided that the candidate must have passed in Physics, Chemistry and Biology including practical from any Indian University or Board or any recognised institution. Further it was necessary to have passed in English along with science subjects in the qualifying examination (intermediate examination or equivalent). Since the petitioner satisfied the eligibility criteria as provided in the advertisement and the brochure, he was permitted to appear as a general category candidate in C.P.M.T., 1999 examination held on 11.7.1999. Result of the examination was declared on 14.8.1999. He was declared successful. He secured 80.5% and was placed at 472 position in the merit list of successful candidates. He was called for counselling on 27.8.1999. But a notice was published in newspaper Dalnik Jagaran on 26.8.1999 by Director General, Medical Education & Training, Lucknow, that in view of the decision dated 10.8.1999 of the Constitution Bench of the Supreme Court and directions issued by M.C.I. on 17.8.1999 and 20.8.1999, the dates of counselling is being re-fixed and the same shall now be held between 5.9.1999 to 13.9.1999 and the candidates desirous of admission must have passed and secured in the qualifying examination minimum 50% marks in Physics, Chemistry and Biology taken together and must have passed in English. The other eligibility condition for general candidates was that be must have obtained 50% marks in the C.P.M.T.-1999 examination. The candidates were required to bring their mark-sheets of qualifying examination at the time of counselling for admission to M.B.B.S. and B.D.S. course. Since the petitioner had secured less than 50% marks in the qualifying examination in Physics, Chemistry and Biology taken together, he was not permitted by the respondents to participate in counselling. He filed the Instant writ petition challenging the notice dated 26.8.1999 published in newspaper Dainlk Jagaran by the Director by which the new eligibility qualifications were prescribed. He has also challenged the directions issued in this regard by the M.C.I. dated 17.8.1999 and 20.8.1999 as arbitrary. By an interim order dated 2.9.1999 he was permitted to participate in the counselling, provisionally, and by another Interim order dated 7.10.1999. one seat was directed to be kept reserved for him.

(2.) The petitioner in Writ Petition No. 3208 (M/S) of 1999 passed intermediate examination in 1993 in second division securing 236 marks out of total 500 marks (47.25%), conducted by the Board. He appeared as a general category candidate in the C.P.M.T.-1999 examination held on 11.7.1999. He was declared successful in C.P.M.T.-1999 examination. He secured 504 marks out of total 600 marks (84%) and was placed at 142 position in the merit list of successful candidates. He was called for counselling on 27.8.1999. He was not permitted to participate in first or the second counselling though candidates who had secured lower marks than him had been admitted in M.B.B.S. course in G.S.V.M. Medical College, Kanpur. He claims that he is entitled for admission In M.B.B.S. course In G.S.V.M. Medical College, Kanpur. By Interim order dated 25.11.1999 one seat was directed to be reserved in M.B.B.S. course for him. Rest of the facts and ground of challenge and relief claimed in this writ petition are Similar to Writ Petition No. 2447 (M/B) of 1999.

(3.) I have heard Shri D. P. Singh learned counsel for the petitioners. Shri Sandeep Dixlt learned counsel appearing for University of Roorkee. Shri Amitabh Misra learned counsel for Medical Council of India and Shrl S. Lal learned standing counsel for other respondents to the writ petitions. Since both the petitions raise common question of law, therefore, they are taken up together for final disposal with the consent of counsel for the parties. The learned counsel for the parties agreed that Writ Petition No. 2447 (M/S) of 1999 be treated as the leading case.