S P JOHRI Vs. SECRETARY MEDICAL HEALTH

JUDGEMENT

(1.) THESE two writ petitions raise a common question of law and facts Therefore, they are being decided by a common judgment. The main prayer in both the writ petitions is that : (1) Issue a writ, order or direction in the nature of mandamus directing the respondents to admit the petitioner in post graduate course against 75% institutional seat for the session 1991-94 against vacant seat in MD (TB & chest) or MD (Pathology) or MD (Anaesthesia) or DCH or Dip Card for PGMEE-91" (2) Petitioners also pray for payment of salary and seek a direction from this court to implement the judgment of the Supreme Court and not to give effect to the unreasonable restriction. Writ of certiorari is also sought for quashing the Brochure of PG MEE 1991 issued by the Lucknow University on 1-12-90.

(2.) IN writ petition no. 27856 of 1991, the petitioner's case is that he has secured 54% marks in MBBS examination which he is said to have passed in May. 1990. Thereafter, he is said to have joined his internship on 25 8-90 and completed it on 24-8-91. He was permanently registered with the State Medical council and became eligible for admission in 3 year integrated residency scheme as per the recommendations of the Medical Council of INdia for the session 1991-94.

(3.) THE petitioner is said to have applied for post graduate medical entrance examination 1991 conducted by the Lucknow University in pursuance of the brochure issued to this effect by the University. THE entrance test was to be held on 13-1-91 and on 1-12-91. THE petitioner's application for admission to entrance test was rejected on the following ground :- "Under rules only those candidates who are eligible to appear in the test who have completed compulsory rotatory internship or will complete internship by 30th April, 1991 whereas the said candidate does not fulfil this eligibility criteria."