RAJ KAMAL Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner Dr. Raj Kamal has directed this petition under Article 226 of the Constitution praying for issue of a writ in the nature of mandamus directing the opposite parties viz., the State of Uttar Pradesh through the Secretary Medical and Health Department, U. P. Lucknow, the Principal, King George's Medical College, Lucknow and Lucknow University, Lucknow to admit the petitioner in M. S. (Orthopaedic) Course for the session 1982-83.

(2.) It may be mentioned that petitioner by order dated 25th May, 1982, passed by this Court after hearing the parties and perusing the averments made in the respective affidavits, was ordered to be admitted provisionally to M. S. (Orthopaedic) course until further orders, The petition on that very date was listed for final hearing but the Standing Counsel Sri. B. M. H. Kacher for the University had sought time to file a supplementary counter-affidavit in order to bring certain facts on record for purposes of laying foundation for his argument in support of the interpretation of relevant notification. In spite of lapse of time no supplementary counter-affidavit has been filed.

(3.) We have heard the learned counsel for the parties and have gone through the averments and cross-averments made by the respective parties in their affidavits. We have also perused the record produced by the counsel for the respondents.