RAJESH NATH PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has completed his M.B.B.S. Course from Motilal Nehru Medical College, Allahabad securing 56.5 percent marks and in the year 1989 completed his internship from S.R.N. Medical College and became eligible for Post Graduate Medical Course Entrance Examination (hereinafter called as PGMEE). According to the recommendations of Medical Council of India he appeared in both P.G.M.E.E. 1990 and 1991 conducted by the Lucknow University and secured marks slightly less than fifty percent. The cut-off marks fifty percent introduced by the statutory Notification under section 28(b) of the U.P. State Universities Act is arbitrary illegal and against the statutory norms. In as much as due to such cut off marks many seats remained vacant in different disciplines in the Seven Medical colleges. The said notification while being held valid by Hon'ble Supreme Court when challenged, the State Government was directed to evolve the criterion whereby no seat in any academic session should go waste but no steps towards that end have been taken. According to the petitioner over hundred seats remained vacant in which ineligible Medicos who had their family members in-the administration of he Medical colleges of U.P. and high influential link are admitted in violation of statutory guideline, while the students like the petitioner securing marks a little less than fifty percent without having any influential link are denied such opportunity, though academically they are better situate than those persons admitted through such back door method. There being no provision for any appeal or any other remedy against denial of admission the petitioners do approach the High Court and Hon'ble Supreme Court but when the decision is given the session passes by some times more than one. In para-14 and 15 the petitioner has cited the case of one Dr. Bhagwat Prasad Pandey and Dr. Basant Jindal, as an instance of violation of the same. The petitioner has also alleged the irregularities in the manner of admission. Thus the petitioner prays for a mandamus commanding the respondents to admit the petitioner as 'Junior Resident (Surgery) in Motilal Nehru Medical College, Allahabad, against the vacant seats of PGMEE-1991 or in any other Medical Colleges of U.P. where such seat is lying vacant.

(2.) In the Counter-affidavit it has been asserted that Residency scheme was implemented by the Government order w.e.f. 1-8-1987. The introduction of cut off marks by fifty percent as the eligibility criterion was held to be valid by Supreme Court. Admission cannot be given to a candidate who could not succeed in the competitive examination or had failed to obtain minimum marks. Such candidate cannot claim admission even if the seats remain vacant. The entrance examination for admission to P.G. Courses in different medical colleges in the State of U. P. are held through the Lucknow University. Neither there had been nor there is any irregularity in the procedure. The Lucknow University declared the result of P.G.M.E.E. on the basis whreof admission is allowed by the Directorate of Medical Education and Training, U.P., Lucknow. The giving of admission through back door method is denied, where as it has asserted that some admission might have been given under the orders of the court. Dr. Bhagwat Prasad Pandey was admitted in compliance of the order of this Court passed in Writ Petition No. 17797 of 1989. All the said `23' students of the said batch were considered to be admitted because of the directions of this court.

(3.) It was further contended that both the candidates named in para 15 were admitted on the basis of the order passed by this court. About the vacancy it has been pleaded that in 1991-Session, one seat in M.S. (Surgery) is lying vacant due to dropping of one student being the C.G.H.S. employee, where as no seat in session 1990 was left vacant. The allegation of admission as mentioned in para 19 have been asserted to have been made in compliance of the order of this court. The allegation of admission of the students having high connection, despite ineligiblity has been denied altogether.