LAWS(ALL)-2002-9-206

ANURAG VERMA Vs. STATE OF UTTAR PRADESH

Decided On September 11, 2002
ANURAG VERMA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Dinesh Dwivedi, senior Advocate assisted by Sri S. D. Kautilya for the petitioner, Sri Ashutosh Srivastava for respondent No. 2 and learned standing counsel.

(2.) Counsels for both the parties have prayed that the writ petition itself be finally decided, counter-affidavit has been filed by respondent No. 2 to which rejoinder affidavit has been filed by the petitioner. With the consent of the parties, the writ petition is being finally decided.

(3.) By this writ petition, the petitioner has prayed for writ of mandamus directing the respondents to accept the petitioner's admission form for U.P. Post Graduate Medical Entrance Examination, 2001 and permit the petitioner to compete at par with all other students who have passed their MBBS examination from State Medical Colleges. Another prayer has been made praying for a direction in the nature of mandamus commanding the respondents to permit the petitioner to compete for admission in U.P. Post Graduate Medical Entrances Examination 2001 on the ground that he is ward of Government servant of State of Uttar Pradesh. Prayer for a direction in the nature of mandamus commanding respondent No. 4 to permit the petitioner to appear in U.P. Post Graduate Medical Entrance Examination, 2002 and thereafter declare his (sic) has also been permitted to be added. The petitioner has also prayed for declaring conditions A(i), A(ii) ultra virus and unconstitutional so far as it restricts the entertainment of the application of the petitioner solely on the ground that he has passed his MBBS examination from, the medical college other than those referred to in condition No. A(i). Prayer for quashing clause 9(b) of Government order dated 9/10/1990 has also been made.