RAM KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the four writ petitions are directed against the allotment of Colleges and specialities to candidates selected for admission to post Gradudates Medical Courses in the State of U. P. They involve interpretation of common documents and thus with the consent of the learned counsel for the parties they were clubbed together and have been heard for final disposal. This common judgment will govern all the four petitions.

(2.) The first two writ petitions are by general candidates while writ petitions at serial Nos. 3 and 4 above have been filed by students belonging to Scheduled Castes and Scheduled Tribes. In the first two writ petitions which were filed earlier by an interim order admissions to Post-Graduate Courses in M.S. and M. D. and diploma in all the Medical Colleges of the State were stayed. Hearing in the said writ petitions had commenced. Thereafter the last two writ petitions were filed. The opposite parties were granted time to file counter-affidavit but no counter-affidavit could be filed. Sri P. K. Sinha, the learned Standing Counsel on the basis of the written instructions received by him in respect of the first two writ petitions and oral instructions with regard to other writ petitions indicated his willingness to argue the matter for final disposal. Counsel for the petitioners in all the petitions also agreed that it would be appropriate if the writ petitions are finally heard and decided and no further pleadings would be necessary.

(3.) It is admitted between the parties that the State of U. P. in exercise of power under Section 28(5) of the U. P. State Universities Act, 1993 had introduced in the year 1991 a Post-Graduate Medical Entrance Examination Scheme called 'PGMEE'. A Notification dated 9/10/1990 was issued by the Governor of U. P. in exercise of power under sub-section (5) of Section 28 of the U. P. Stae Universities Act, 1973 with a view to regulating the admissions in all the Government Alopathic Medical Colleges and Associated Hospitals and K. G. Medical Colleges including Dental College and Hospitals associated therewith and Junior Residency Senior Residency and Dental Residency Scheme.