NAMITA AGRAWAL Vs. DIRECTOR MEDICAL EDUCATION AND TRAINING

JUDGEMENT

(1.) PRESENT petition in directed against the order dated 1-10-1993, whereby the Director of Medical Education and Training U. P., Lucknow, rejected the petitioner's request for admission to Post-graduate degree course i.e. M.S./M.D. in Gyan. and obst. at S.N. Medical College, Agra against the vacant seat of 1992-session.

(2.) MATRIX of the fact is that the petitioner-Dr. Namita Agarwal-passed her M.B.B.S. examination from S.N. Medical College, Agra and thereafter, completed one year's internship between Dec. 1990 and Dec. 1991. She then appeared in the post-graduate Medical Entrance Examination, 1992, opting for Gyanecology and obstetrics as the first in order of preference at S. N. Medical College, Agra. She secured 1650 out of 3000 marks in the said examination, which fell far short of securing her admission to post-graduate degree course-M.S./M.D. in Gyan. and Obst. She however, qualified for and was admitted to Post-graduate diploma course in the aforesaid speciality on 8-7-1992. Indisputably, the session-1992 commenced on May 2, 1992. Subsequently, by her letter dated 16-4-1993, the petitioned applied for admission for transfer from Post-graduate diploma course to Post-graduate degree course in Gyanaecology and Obst. in the same college against a vacant seat pertaining to 1992-session. According to her, there were seven seats in Gyan. and Obst. at S. N. Medical College, Agra, out of which 75% were to be filled in by internal candidates and 25% by external ones i.e. the candidates selected through the entrance test conducted by All India Institute of Medical Science, New Delhi. In her application dated 16-4-1993, the petitioner alleged that out of the seven seats in the speciality aforesaid one was of the All India Post Graduate Examination quota and the same was lying vacant as the last date of joining i.e. 7th Feb. 1992 had already passed off and none reported within time. It was also alleged that there being no candidate preceding her in the merit list, she could be permitted to join M.S. (Gyan. and Obst.) course against the vacant seat pertaining to 1992-session.

(3.) IT appears that while the matter was sub-judice before the Director, the petitioner filed a writ petition in this Court which stood disposed of vide order dated Sept., 2, 1993 with a direction to the Director, Medical Education and Training, U. P. Lucknow to decide the petitioner's representation by, means of a speaking order within 15 days from the date of presentation of a certified copy of the aforesaid order. Upon being served with a copy of the order dated Sept. 2, 1993, the Director, Medical Education and Training U. P. Lucknow, traversed upon the matter in the light of the Supreme Court's decision on the point and in the ultimate analysis, turned down the petitioner's request to admit her to M.S. course in Gyn. and Obst. against the vacant seat of 1992-batch by means of the impugned order dated 1-10-1993.