NUPUR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE writ petitions have been placed before this Bench under the orders of Hon'ble the Chief Justice dated 18th May, 2010 for answering the following two questions as framed by the Hon'ble Single Judge vide his order dated 17th May, 2010:-

(2.) WRIT Petition No.16718 of 2010 (Dr. Nupur Singh vs. State of U.P. and another) is being treated as leading writ petition since in the aforesaid writ petition counter affidavit and two supplementary counter affidavits have been filed. Reference of the facts of the aforesaid writ petition shall suffice for answering the questions referred.

(3.) THE petitioner has filed this writ petition praying for quashing Condition No.(iv)(b) of the Information Brochure of U.P. Post Graduate Medical Entrance Examination-2010 and further for a writ of mandamus commanding the respondents to permit the petitioner to appear in all subjects available at the time of counselling as per her merit and not to compel the petitioner to get admission only in degree course of Gynaecology and Obstetrics. The writ petition was filed on 26th March, 2010 whereas counselling was to start from 11th April, 2010. The Hon'ble Single Judge by order dated 9th April, 2010 permitted the petitioner to participate in the counselling in accordance with Condition 3(iv)(b) of the conditions mentioned in the Brochure which was made subject to decision of the writ petition. The writ petition was subsequently permitted to be amended permitting the petitioner to challenge Clause 8(e) of the Notification dated 9th October, 1990 as amended by notification dated 30th March, 1994 and 8th July, 1996 as ultra vires to the Constitution of India.