MADAN LAL AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) BEING unable to obtain admission to M.D. Paediatrics Course in the Session 1986 -88 in King George's College, Lucknow for short KGMC, Dr. Madan Lal Agrawal has, through the instant petition approached this Court for a writ of mandamus to command opposite parties 1 to 3, namely, the State of U.P., The Director of Medical Education and Training and the Principal, KGMC to admit to the Course in question. The petitioner's plea is that while he has been denied admission, ineligible candidates have been granted admission. The candidates against whom ineligibility is alleged are Dr. Manoj Kumar Singh and Dr. Jitendra Kumar Issar who have been impleaded as opposite parties 4 and 5. A few facts necessary for the disposal of the petition may be noticed. According to the petitioner he possessed the requisite qualification for obtaining admission to the Course in question. Accordingly he applied for admission as did opposite parties 4 and 5. In paragraph 13 of the writ petition the petitioner has indicated the period for which opposite party No. 4 Dr. Singh has done the house job. It is stated that he did the said job from 3 -6 -1985 to 26 -6 -1985 and thereafter from 3 -7 -1985 to 7 -6 -1986. At the time of arguments the learned counsel for the petitioner submitted that the period of one year prescribed for housemanship by the Medical Council of India is short by one day in the case of Dr. Singh. In paragraph 13 -A it is stated that Dr. Singh obtained full registration with the State Medical Council on 14 -6 -1985. It is pleaded that the period commencing on 3 -6 -1985 and ending on 13 -6 -1985 cannot be counted towards house -man -ship. On these grounds it is alleged that Dr. Singh bad not done house -man -ship for full one year.

(2.) IN respect of opposite patty No. 5 Dr. Issar it is stated in paragraph 14 that he did house job from 1 -6 -1985 to 30 -11 -1985 in medicine and from 1 -12 -1985 to 31 -5 -1986 in Paediatrics. In paragraph 14 -A it is stated that Dr. Issar obtained registration with the State Medical Council on 4 -11 -1985 and, therefore, the period between 1 -6 -1985 10 4 -11 -1985 is to be excluded in counting the period of house -manship. On this basis the petitioner claims that Dr. Issar had not done housemanship for one year as prescribed by Medical Council of India.

(3.) ON behalf of the opposite parties 1 to 3 no counter -affidavit has been filed but the learned Standing Counsel has opposed the writ petition. He has also filed a copy of the instructions received by him from the Principal KGMC. On behalf of opposite party No. 4 Dr. Manoj Kumar Singh, a counter affidavit has been filed.