S P JAUHARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed seeking direction to the respondents to grant admission to the petitioners pursuant to their nominations by the State of Uttar Pradesh vide Notification dated 6.10.2004 on the reserved seats for Provincial Medical Services' Doctors.

(2.) It is submitted by Shri Murli Dhar, learned Senior Counsel appearing for the petitioners that 104 seats are reserved for the officers of the Provincial Medical Services in Post Graduation course in the seven Medical Colleges of the State of Uttar Pradesh. Academic session starts in the June-July every year, but the officers of the Medical Services had been selected for the Post Graduation course at a belated stage and the said Notification subsequently had been withdrawn as the Medical Colleges were not prepared to admit the petitioners being recommended at a belated stage. Therefore, the direction should be issued to the respondents to admit the petitioners. More so, in some Medical Colleges, some of the persons nominated along with the petitioners had been given admission even at the belated stage. Therefore, respondents cannot give hostile treatment to the present petitioners.

(3.) On the contrary, learned Standing Counsel appearing for the respondents had submitted that as the academic session had started long back, the practice of admission in mid-academic session should not only be deprecated by the Courts, but a direction should also be issued not to admit such a candidate. He has further submitted that if by some mistake similarly situated persons had been given admission, that does not become a ground for interference as Article 14 of the Constitution envisages only positive equality and not negative equality. As such the petition was liable to be dismissed. If the petitioners are so aggrieved, they may ask for nomination in the next year.