ANUPAM GUPTA AND Vs. SECRETARY MEDICAL HEALTH LUCKNOW

JUDGEMENT

(1.) These two writ petitions raise identical questions of law and fact, therefore, they are being decided by a common judgment.

(2.) The writ petitioner in Writ Petition No. 3893 of 1991 (Anupam Gupta) was stated that he passed M.B.B.S. examination from S. N. Medical College, Agra in the year 1989 having secured 61.8% marks in the said examination. Thereafter, he did his internship from 1-11-1989 to 31-10-1990 from S.N. Medical College, Hospital, Agra and was registered with the State Medical Council, Uttar Pradesh, Lucknow. After the introduction of residency scheme on 22-8-1989 which was notified in the Gazette on 25-11-89, the Post-Graduate and Diploma courses became of three years and two years' duration respectively. House job was abolished. The admission to three years and two years courses is being done on the basis of competitive examination conducted by the State Government. The said examination is called entrance examination. The entrance examination was conducted on 30-9-90. The residency scheme -dated 22-8-89 or the press note (Anncxure-2 to the writ petition) do not create a bar that the candidate should secure minimum 50% marks in the entrance test to secure admission to the post-graduate degree and diploma courses. When the petitioner filed his form for admission, the bar of 50% marks to secure admission in post-graduate course was not there.

(3.) The press note which is Annexure-2 to the writ petition indicates that the candidates belonging to Scheduled Caste and Scheduled Tribe were entitled to weightage of 1.65% of the maximum marks of the competitive entrance examination, that is 50% marks. The weightage meant for scheduled caste and scheduled tribe candidate to the extent of 1.65% is not given by any Government order or notification under S. 28(5) of the State Universities Act of 1973. Under S. 28(5) of the U.P. State Universities Act regulation can be framed in the manner prescribed under that section and if the regulation is not framed u/S. 28(5) of the Universities Act said regulation will not be valid. The provision of S.28(5) of the Universities Act regulates procedure for admission to various courses.