NUPUR SINGH Vs. STATE OF UP

JUDGEMENT

(1.) The petitioners, who had appeared at the U.P. Post Graduate Medical Entrance Examination-2009 (hereinafter referred to as the 'U.P.P.G.M.E.E.- 2009') and were admitted to the Diploma Courses, have sought the quashing of Condition No. 3(iv)(b) contained in the Information Brochure of the U.P. Post Graduate Medical Entrance Examination-2010 (hereinafter referred to as the UP.P.GM.E.E.-2010'). They have also sought a declaration that Clause 8(e) of the Notification dated 9th October, 1990 issued by the State Government, as amended by the Notifications dated 30th March, 1994 and 8th July, 1996 is ultra vires the Constitution and a direction upon the respondents to permit them to appear in the U.P.P.GM.E.E.-2010 counselling in all the subjects available at the time of counselling as per the merit and not to compel them to seek admission in the Degree Courses in the same subject in which they are pursuing the Diploma Courses.

(2.) On the basis of the result of the U.P.P.G.M.E.E.-2009, Dr. Nupur Singh (petitioner in Writ Petition No. 16718 of 2010) was admitted to the Diploma Course in Gynaecology and Obstetrics in Maharani Laxmi Bai Medical College, Jhansi, Dr. Amit Dwivedi (petitioner in Writ Petition No. 16720 of 2010) was admitted to Diploma Course in Orthopedics in L.R. Medical College, Meerut, Dr. Pratishtha Sachan (petitioner in Writ Petition No. 16722 of 2010) was admitted to the Diploma Course in Laryango and Otology in Maharani Laxmi Bai Medical College, Jhani, Dr. Monika Shukla (petitioner in Writ Petition No. 18769 of 2010) was admitted to the Diploma Course in Gyanaecology 2nd Obstetrics in Baba Raghav Das Medical College, Gorakhpur and Dr. Hari Shankar Gangwar (Petitioner in Writ Petition No. 14687 of 2010) was admitted to the Diploma Course in Orthopedics in M.L.B. Medical College, Jhansi.

(3.) For the U.P.P.G.M.E.E.-2010, Chhatrapati Shahu Ji Maharaj Medical University, Lucknow (hereinafter referred to as the 'Medical University') published the prospectus and the eligibility for admission to M.D./M.S/Post Graduate Diploma seats are contained in Clause 3 of the aforesaid prospectus and are as follows :