PREETI GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) HEARD learned counsel for the petitioner Sri Ravi Kant, learned Standing Counsel and Sri Daya Shanker, appearing for the respondents.

(2.) THE petitioner, Km. Preeti Gupta, has filed this writ petition for a direction that a writ of mandamus be issued commanding the respondents to admit the petitioner in M.B.B.S. Second professional Course in Lala Lajpat Rai Memorial Medical College, Meerut. THE other prayer of the petitioner is to issue a writ in the nature of certiorari quashing the Government Order dated 25-9-1991, Annexure-5 to the writ petition by which the admission of the students in M.B.B.S. course from other State to the State of U. P. has been completely prohibited. This prayer has become redundant in view of the latest Government Notification dated ! 3- 4-1993 published in the U. P. Extraordinary Gazette, 13th April, 1993. A copy of this Government Notification has been filed along with the supplementary affidavit. THE Government Order is being reproduced below in extension : "Uttar Pradesh Extra-ordinary Gazette, 13 April, 1993. No, 2682/section 14/Five-174/84. Lucknow : Dated April, 13, 1993. In exercise of the powers under sub-section (5) of section 28 of the Uttar Pradesh State Universities Act, 1973 (President's Act No. 10 of 1973) as amended and re-enacted by Uttar Pradesh Universities (Re-enactment and Amendment) Act, 1974 (U. P. Act No. 29 of 1974) and all other powers enabling him in this behalf and in supersession of all existing orders on the subject, the Governor, with effect from the date of publication of this order in the Gazette, is pleased to make the following order with a view to providing for policy and procedure to be followed in migration or transfer of students studying in M.B.B.S. course to and from the Government Medical Colleges and the King George's Medical College, Lucknow : (1) Migration or transfer shall be allowed only within three months of passing the first professional examination. (2) During any one years a maximum of five percent students of the in take capacity of any of the Government Medical Colleges or the King George's Medical College, Lucknow may be allowed to migrate or transfer to and from a recognised medical college subject to a maximum of five students in any of the Government Medical Colleges or the King George's Medical College, Lucknow in such year; provided that no additional seat shall be created in any Government Medical College or the King George's Medical College, Lucknow, as a result of migration or transfer. (3) Migration or transfer under paragraph (2) shall be allowed in the following order. (a) Students selected through Combined Pre-Medical Test of All India Entrance Examination for admission to under-graduate medical/dental course conducted by Central Board of Secondary Education and studying in any of the Government Medical Colleges or the King George's Medical College, Lucknow. (b) Students selected through All India Entrance Examination for admission to uuder-graduate medical/dental course conducted by Central Board or Secondary Education and studying in any recognised medical college out side the State of Uttar Pradesh. (c) Students selected through competitive examination and studying in any recognised Medical College outside the State of Uttar Pradesh. (d) M.B.B.S. students other than those mentioned in sub-paragraph (a) to (c) studying in any recognised Medical College outside the State of Uttar Pradesh. (4) Application for migration or transfer shall be made in writing addressed to the Director, Medical Education and Training, Uttar Pradesh, Lucknow through the principal of the concerned recognised medical college. (5) Subject to the policy and guidelines laid down in paragraphs (1),. (2) and (3) the Director, Medical Education and Training, Uttar Pradesh, Lucknow shall decide the application for migration or transfer strictly on merit to be determined on the basis of marks obtained in the first professional examination and keeping in view the choice of the candidate. THE decision of the Director shall be final and binding. Explanation : In this order (a) 'Government Medical College' means Government Allopathic Medical College at Agra, Allahabad, Meerut, Jhansi, Kanpur and Gorakhpur. (b) "Recognised medical college" means any University or medical institution in India, the medical qualifications granted by which are included in the First Schedule to the Indian Medical Council Act, 1956 By order, Atul Chaturvedi, Secretary, Medical Education

(3.) IN Writ Petition No. 9837 of 1993 filed by Priti Gupta this Court passed a conditional order dated 9-4-1993, copy whereof is Annexure- 6 to the writ petition. IN the above case after granting time to the learned counsel for the parties I had directed to consider and admit the petitioner in case she was eligible and satisfies the conditions laid down by me in that order. This order dated 9-4-1993 was passed notwithstanding the Government Order dated 25-9-1991. Since the above order of the State Government no more exists and the petitioner in the present case, has already brought on record the present Government Order dated 13-4-1993 superseding the previous Government Order by means of a supplementary affidavit it is no more justified for this court to pass similar order dated 9 -4-1993. On perusal of the latest Government Order dated 13-4 -1993 I find that all the conditions imposed in my aforesaid order dated 9-4-1993 are already existing in the Government Order dated 13-4 1993. The petitioner has filed this Government Order dated 13-4-1993 and relied upon the same order dated 13-4-1993. Under the circumstances departing from the order passed by me in Writ Petition No. 9837 of 1993, Km. Priti Gupta v. State of U. P. and others, dated 9-4-1993. I direct the petitioner to make a fresh application before the respondent no 2, Director, Medical Education and Training, U. P., Lucknow, within ten days from today, as prayed, along with certified copy of the order passed by this Court today praying therein to consider the case of transferring/admitting the petitioner in Lala Lajpat Rai Memorial Medical College, Meerut from Madurai Medical " College, Madurai, Tamil Nadu, on the basis of the aforesaid Government Order dated J3-4-1993 in accordance with law including the Government Order dated 13-4-1993 expeditiously.