JAI PRAKASH NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner passed his M. B. B. S. examination in 1977 from the Government Medical College, Jabalpur. He completed his internship in Mar. 1978. He then shifted to S. N. Medical College Hospital, Agra and did his House Job there. He completed it in Apr. 1979. Thereafter he applied for admission to the Postgraduate Course in Psychological Medicine at the S- N. Medical College, Agra for the session 1980. His application was, however, rejected. He made an application for the same course for the session 1981 as well but the same has also been rejected. Aggrieved, he has come to this Court after rejection of 1981 application.

(2.) The respondents have in their counter-affidavit indicated that apart from other things there was no vacancy because according to the procedure for admission laid down by the Government, seventy-five per cent seats have to be reserved for internal candidates while external candidates are eligible for admission as against only twenty-five per cent seats. In 1980 as well as i981 there were only two vacancies in the speciality of Psychological Medicine in the college. Since seventy-five per cent and twenty-five per cent could not be allocated appropriately, both the seats were allotted to internal candidates hence there was no vacancy for external candidates.

(3.) The notification dated Dec. 3, 1980 on which reliance has been placed by the respondents runs as follows :